High Court of KeralaDivision BenchDismissed

B. Jaleel v Union of India & others (OP 23533/2002)

Case / Petition Number:OP 23533/2002

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K.A. Abdul Gafoor
  • K.R. Udayabhanu
Judgment Date
2007-01-02
Court Decision / Holding
The writ petition is dismissed. The High Court upholds the Central Administrative Tribunal’s dismissal of OA 364/2000 and refuses to interfere with the promotions of respondents 5–7. The action is consistent with the recruitment rules and the principle from Varghese v. State of Kerala regarding vacancy-based eligibility.
Final Disposition
Dismissed

Parties to the Case

Appellants / Petitioners

  • B. Jaleel

Respondents

  • Union of India, represented by the Secretary, Ministry of Home Affairs, New Delhi
  • The Administrator, Union Territory of Lakshadweep, Kavarathi
  • Collector-Cum-Development Commissioner, Union Territory of Lakshadweep, Kavarathi
  • Departmental Promotion Committee, represented by its Chairman for the post of Assistant Settlement Officer, Union Territory of Lakshadweep, Kavarathi
  • K. Buzar Jamhar, Assistant Settlement Officer, Amini, Lakshadweep
  • I.C. Pookoya, Asst. Settlement Officer, Chetlat, Lakshadweep
  • M.K. Kunhikooya, Stenographer on deputation to Office of the Assistant Director, Sensors Operations, Kadamat, Lakshadweep

Legal Representation & Advocates

Counsels for Petitioners

  • • Abraham Vakkanal
  • • Roy P. KuriaKose
  • • Saji Kurichan
  • • M.R. Nandakumar
  • • Paul Abraham Vakkanal

Counsels for Respondents

  • • S. Radhakrishnan
  • • N. Anilkumar
  • • M. A. Shafik
  • • T. A. Unnikrishnan
  • • Reshmi Poulose

Case Synopsis & Summary

The Kerala High Court heard a writ petition challenging promotions to the post of Assistant Settlement Officer at Lakshadweep. The petitioner, B. Jaleel, a Revenue Inspector on deputation, argued that respondents 5 and 6 were promoted under an exemption from the typing speed test granted by Ext. P6, while he did not possess such exemption, rendering their promotions void. The Tribunal had dismissed OA 364/2000 (Ext. P23). The court noted that recruitment rules (Exts. P1–P4) require typing ability and that Ext. P6 exempts certain incumbents; since the petitioner did not have that exemption and there was no challenge to Ext. P6, the petition could not succeed against the promotions of respondents 5 and 6. The petition also challenged respondent 7’s promotion, arguing he was promoted on 29-06-2002 though he had become eligible only later (typing test passed 23-11-2001). Annexure P18 (Ext. P18) and vacancy notification were relied upon. The court then applied the principle from Varghese v. State of Kerala (1981 KLT 458) that promotions must be assessed with reference to the date of vacancy, and concluded that the petitioner’s challenge to respondent 7’s promotion could not succeed. Consequently, the petition was dismissed and the CAT order upheld.

Provisions of Law Cited

Recruitment Rules (1973) – Notification dated 6-9-1973 (Ext P1)Lakshadweep (District Administration Group) Recruitment Rules (Ext P2)Notification dated 17-12-1990 (Ext P4)Laccadives, Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation 1965 (Ext P5)Office Memorandum Om No. 14020/2/91/ESTT(D) dated 29-9-1992 (Ext P6)Varghese v. State of Kerala (1981 KLT 458)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that promotion of respondents 5 and 6 was predicated on an exemption from the typing speed test under Ext. P6, which he did not possess, rendering their promotions vulnerable. Regarding respondent 7, the challenge is that he was promoted against Ext. P18 vacancy even though his typing qualification was only established on 23-11-2001; the claim relies on the vacancy-notice framework and the Full Bench decision in Varghese v. State of Kerala to fix eligibility as of the vacancy date.

Contentions of Respondents

The respondents contend that the exemptions granted by Ext. P6 made respondents 5 and 6 validly promoted; respondent 7’s promotion followed a vacancy notified in Ext. P18, and he had become qualified by typing test before the date of promotion; the CAT’s dismissal of OA 364/2000 was proper and should stand.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Varghese v. State of Kerala1981 KLT 458PositiveCited as the controlling principle that promotions should be assessed based on the date of vacancy, as established by the Full Bench decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE K.A.ABDUL GAFOOR & THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU** **TUESDAY, THE 2ND JANUARY 2007 / 12TH PAUSHA 1928** **----------------------OA.462/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** **PETITIONER:** - **------------** **B.JALEEL, REVENUE INSPECTOR, ON DEPUTATION TO THE POST OF SUPERINTENDENT OF SURVEY, COLLECTORATE, UNION TERRITORY OF LAKSHADWEEP, KAVARATHI.** **BY ADV. SRI.ABRAHAM VAKKANAL** **SRI.ROY P.KURIAKOSE** **SRI.SAJI KURIACHAN SRI.M.R.NANDAKUMAR SRI.PAUL ABRAHAM VAKKANAL** **RESPONDENTS:** - **-------------** **1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI.** **2. THE ADMINISTRATOR,** **UNION TERRITORY OF LAKSHADWEEP, KAVARATHI.** **3. COLLECTOR-CUM-DEVELOPMENT COMMISSIONER, UNION TERRITORY OF LAKSHADWEEP, KAVARATHI.** **4. DEPARTMENTAL PROMOTION COMMITTEE, REPRESENTED BY ITS CHAIRMAN FOR THE POST OF ASSISTANT SETTLEMENT OFFICER, UNION TERRITORY OF LAKSHADWEEP, KAVARATHI.** OP 23533/002 -2- **5. K.BUZAR JAMHAR, ASSISTANT SETTLEMENT OFFICER, AMINI, LAKSHADWEEP.** **6. I.C. POOKOYA, ASST. SETTLEMENT OFFICER, CHETLAT,LAKSHADWEEP.** **7. M.K.KUNHIKOYA, STENOGRAPHER ON DEPUTATION TO OFFICE OF THE ASSISTANT DIRECTOR, SENSORS OPERATIONS, KADAMATH, LAKSHADWEEP.** **R2 TO 4 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN R1 BY SRI.N.ANILKUMAR, ADDL.CGSC R6 BY Advs. SRI.M.A.SHAFIK** **SRI.JOHN NUMPELI (JUNIOR) R7 BY ADVS. SRI.T.A.UNNIKRISHNAN** - **SMT.RESHMI POULOSE** **R5 BY ADV. SRI.P.GOPINATH** **THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **K.A.ABDUL GAFOOR &** ## **K.R. UDAYABHANU, JJ.** ============================== ## **O.P.NO. 23533 OF 2002-s** ============================ ## **DATED THIS THE 2[nd] day of JANUARY 2006** ## **JUDGMENT** ## **Abdul Gafoor,J.** The writ petitioner attempted to challenge the promotion given to respondents 5,6 and 7 as Assistant Settlement Officers before the Central Administrative Tribunal, Ernakulam Bench. The O.A.was dismissed as per Ext.P23. Therefore, this writ petition. 2. Admittedly going by the recruitment Rules, Ext.P4, a person is qualified for promotion as Assistant Settlement officer only if he does have Typewriting speed test. Admittedly respondents 5 and 6 were exempted from that test going by Ext.P6. There is no challenge against Ext.P6 order, which permits exemption to the incumbents like respondents 5 and 6. When they were given promotion based on exemption and when the petitioner did not have that qualification nor the exemption OP.23533/2002 -2- for that qualification, necessarily he cannot validly challenge the promotion given to respondents 5 and 6. In that regard, the Tribunal was justified in declining the challenge against the promotion given to respondents 5 and 6. 3. The petitioner also challenged the promotion given to respondent No.7. The ground urged before us is that respondent No.7 was promoted with effect from 29-6-2002, by which time he had become fully qualified by passing typewriting speed test on 23-11-2001. The prayer in this regard as urged by him in the O.A. before the Tribunal is as follows: “to declare that 7[th] respondent is not eligible to be appointed to the post of Assistant Settlement Officer which is notified as per Annexure-A8.” Annexure-A8 is Ext.P18 in this original petition. It is dated 5-7-2001. Going by the said prayer, the 4[th] respondent was promoted against the vacancy notified in Ext.P18 dated 5-72001. The submission made before us is that the petitioner OP.23533/2002 -3- became qualified by passing the typewriting speed test only on 23-11-2001. Necessarily he could not have challenged the promotion of the 7[th] respondent, who was qualified for promotion against the vacancy notified in Ext.P18 . The claim for promotion shall have to be, in order to avoid arbitrariness, worked out with reference to the claims of the candidates as on the date of occurrence of vacancy as per the Full Bench Decision of this Court in **Varghese v. State of Kerala[1981 K.L.T.458]** . Therefore, he could not have challenged the promotion of the 7[th] respondent successfully. The Tribunal was,therefore, justified in not interfering with the promotion given to respondent No.7. Therefore, the original petition fails and it is dismissed. ## **K.A.ABDUL GAFOOR JUDGE** ## **K.R.UDAYABHANU, JUDGE** **ks.** OP.23533/2002 -4- **K.A.ABDUL GAFOOR & K.R.UDAYABHANU, JJ** ========================== O.P.NO. 23533 OF 2002-S JUDGMENT 2-1-2007 ===================== OP.23533/2002 -5- ## Appendix: PETIITONER'S EXTS: EXT.P1: COPY OF RECRUITMENT RULES - 1973 OTIFICATION DATED 6- 9-1973 OF THE ADMINISTRATION OF THE UNION TERRRITORY OF LACADIVES. EXT.P2: COPY OF THE LAKSHADWEEP (DISTRICT ADMINISTRATION GROUP)RECRUITMENT RULES. EXT.P3: COPY OF N OTIFICATION DT.2-9-88 OF THE ADMIN.OF UNION TERRITOY OF LAKSHADWEEP,KAVARATTI. EXT.P4:COPY OF NOTIFICATIONDT.17-12-1990 OF DO. EXT.P5: COPY OF THE EXTRACT OF THE RELEVANT PORTION OF THE LACADIVES, MINICOY AND AMINDIVI ISLANDS LANDLAND REVENUE AND THE TENANCY REGULATION 1965. EXT.P6: COPY OF O.M.NO.14020/2/91/ESTT(D) DATED 29-9-1992 OF THE DEPARTMENT OF PERSONAL AND TRAINING. EXT.P7: COPY OF REPRESENTATION DATED 1-4-1999 FROM THE PETIOTNER TO THE 3RD RESPONDENT. EXT.P8:COPY OF OFFICE MEMORANDUM DTD.18-3-1998(RELEVANT PORTION). EXT.P9: COPY OF OFFICE MEMORANDUM DTD.9-7-1999 OF THE ADMINISTRATION OF THE U.T.OF LAKSHADWEEP. EXT.P10: COPY OF OFFICE MEMORANDUM DTD.26-2-2000 OF DO. EXT.P11: COPY OF ORIGINAL APPLICATION IN O.A.364/2000 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P12: COPY OFO REPLY STATEMENT DATED 5-8-2000 FILED BEFORE -DO-. EXT.P13: COPY OF REJOINDER FILED IN OA.36400 BEFOE THE DO. EXT.P14: COPY O ORDER DTD.8-2-2002 IN OA 364/2000 OF DO. OP.23533/2002 -6- EXT.P15: COPY OF SENIORITY LIST DTD.28-5-02. EXT.P16: COPY OF ORDER DATED 20-8-2000. EXT.P17: COPY OF REPRESENTATION DATED 30-4-2002 FILED BEFORE THE 3RD RESPONDENT. EXT.P18: COPY OF COIRCULAR DATED 5-7-2001. EXT.P19: COPY OF APPLICATION DTD. 30-7-2001 FILED BEFORE THE 2ND RESPONDENT. EXT.P20: COPY OF REPRESENTATION DTD.2-4-02 FROM THE PETIIONER TO THE RESPONDENTS. EXT.P21: COPY OF MEMORANDUM OF O.A.DT.26-6-02 BEFORE THE CAT,ERNAKULAM BENCH. EXT.P22: COPY OF OFFICE ORDER DTD.19-6-2002 ISSUED FROM THE 3RD RESPONDENT. EXT.P23: COPY OF ORDER DTD.1-7-2002 IN OA 462/02 OF THE CAT, ERNAKULAM BENCH. EXT.P24: COPY OF THE RLEVANT PORTION OF OM. EXT.P25: COPY OF NOTIFICATION DATED 25-3-2003 OF THE ADMINISTRATION OF THE U.T.OF LAKSHADWEEP(COLLECTORATE). RESPONDENTS' EXTS: NIL TRUE COPY P.S.TO JUDGE