High Court of KeralaSingle Judge2022-06-01Writ petitions allowed; promotions to L.D. Cler...

Sijan Jose A. v. State of Kerala; Saji Antony P. v. State of Kerala (WP(C) Nos.12651/2020 and 28508/2020)

Case / Petition Number:WP(C) Nos.12651/2020, 28508/2020

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Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2022-06-01
Court Decision / Holding: The petitions are allowed. The court affirms the declarations in Exts. P10 and P11 and Abdul Jaleel, holding that mechanics may be promoted as L.D. Clerks if all other eligibility criteria are satisfied. The Deputy Director of Collegiate Education is directed to approve the promotions offered by the Colleges to the petitioners, subject to meeting all other conditions, and to issue appropriate orders at the earliest, not later than one month from the date of receipt of the judgment. Subsequent disbursement of eligible benefits is to be effected without undue delay.
Final Disposition: Writ petitions allowed; promotions to L.D. Clerks to be approved by Deputy Directors of Collegiate Education, subject to all eligibility conditions; orders to be issued within one month; benefits to be disbursed promptly thereafter.

Parties to the Case

Appellants / Petitioners

Sijan Jose A., L.D. Clerk, Bharat Mata College, Thrikkakara, Cochin
Saji Antony P., Clerk, St. Joseph's College, Devagiri, Calicut

Respondents

State of Kerala represented by its Principal Secretary, Higher Education Department, Secretariat, Thiruvananthapuram
Director of Collegiate Education, Vikas Bhavan, PMG Junction, Thiruvananthapuram
Deputy Director of Collegiate Education, Hospital Road, Ernakulam
The Principal, Bharat Mata College, Thrikkakara P.O., Cochin
The Manager, Bharat Mata College, Thrikkakara P.O., Cochin
University of Calicut, Calicut University, Registrar

Legal Representation & Advocates

Counsels for Petitioners

• Joshi N.Thomas
• P.T. Abhilash

Counsels for Respondents

• Babu Varghese (Senior Counsel)
• C.V. Alexander
• Resmi Thomas (Government Pleader)
• Baby Issac Illickal
• Isaac Kuruvilla Illikal

Case Synopsis & Summary

The High Court of Kerala examines whether so‑called mechanics in universities can be promoted to the post of Lower Division Clerk (L.D. Clerk) under the feeder category for non‑teaching staff. The petitioners, mechanics employed by their respective universities, had their college‑level promotions to L.D. Clerk objected by the Deputy Director of Collegiate Education on the ground that mechanics fall outside the statutory eligibility. The petitioners rely on two earlier judgments (Exts. P10 and P11) in which the court held that non‑teaching staff categories, including mechanics, could be included in the feeder group for promotion if the statutes disclose inclusion or use non‑exclusive terms like “etc.” and, by applying the ejusdem generis principle, extend eligibility. Counsel for the petitioners urged the court to quash the objections and direct promotion approvals by the competent authority. The respondents acknowledge the Court’s prior declarations in Abdul Jaleel v. Director of Collegiate Education (WP(C) No. 7665/2021) and the related Exts. P10 and P11, but contend they must still comply with statutory eligibility. The court, however, affirms the precedents, finds no basis to differ, and directs the Deputy Directors of Collegiate Education to approve the colleges’ promotions to L.D. Clerks for the petitioners, subject to satisfying all other conditions, and to issue orders promptly with benefit disbursement following."

Provisions of Law Cited

First Statute applicable to the Calicut University and the Mahatma Gandhi University

Legal Doctrines & Maxims

ejusdem generis

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that statutes governing university staffing permit promotion of various non‑teaching categories into the feeder group for L.D. Clerks. They urged that where statutes are non‑exclusive and use terms like ‘etc’, the ejusdem generis principle should extend eligibility to mechanics. They cited prior judgments declaring mechanics eligible and sought quashing of the Deputy Director’s objection, with a mandate to approve their promotions.

Contentions of Respondents

The respondents acknowledged the prior declarations but argued that eligibility must align with statutory provisions and that the objections were based on existing policy and statutory interpretations. They relied on the need to adhere to official norms and the statutory framework governing promotions.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Abdul Jaleel v. Director of Collegiate Education	WP(C) No. 7665/2021	Positive	Court declared mechanics entitled to promotion as L.D. Clerks; relied upon in the present matter.
WP(C) Nos. 18647/2021 and 7665/2021	Ext.P10 and Ext.P11 judgments	Positive	Declarations in Exts. P10 and P11 hold entitlement of mechanics to be promoted; relied upon by the court.

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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 DEVAN RAMACHANDRAN WEDNESDAY, THE 1[ST] DAY OF JUNE 2022 / 11TH JYAISHTA, 1944** ## **WP(C) NO. 12651 OF 2020** **PETITIONER:** SIJAN JOSE.A L.D.CLERK, BHARAT MATHA COLLEGE, THRIKKAKARA P.O., COCHIN-682 021. BY ADVS. JOSHI N.THOMAS SRI.P.T.ABHILASH **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001. 2 DIRECTOR OF COLLEGE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM-695 003. 3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, HOSPITAL ROAD, ERNAKULAM, COCHIN-682 011. 4 THE PRINCIPAL, BHARAT MATA COLLEGE, THRIKKAKARA P.O., COCHIN-682 021. 5 THE MANAGER, BHARAT MATHA COLLEGE, THRIKKAKARA P.O., COCHIN-682 021. BY ADVS. SRI.BABU VARGHESE (SR.) SRI.C.V.ALEXANDER SMT RESMI THOMAS GP; SRI PC SASIDHARAN SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022, ALONG WITH WP(C).28508/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **[WP(C) Nos.12651/2020, 28508/2020]** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 1[ST] DAY OF JUNE 2022 / 11TH JYAISHTA, 1944** **WP(C) NO. 28508 OF 2020** **PETITIONER:** SAJI ANTONY P., CLERK, ST. JOSEPH'S COLLEGE, DEVAGIRI, CALICUT-673 008. BY ADV JOSHI N.THOMAS **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001. 2 DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,P.M.G. JUNCTION,THIRUVANANTHAPURAM - 695001 3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOZHIODE -673001 4 THE PRINCIPAL ST.JOSEPH'S COLLEGE,DEVAGIRI,CALICUT -673008 5 THE MANAGER, ST.JOSEPH'S COLLEGE,DEVAGIRI,CALICUT -673008 6 UNIVERSITY OF CALICUT CALICUT UNIVERSTY P. O.,THENHIPALAM,MALAPPURAM DISTRICT,PIN -673635,REPRESENTED BY ITS REGISTRAR. BY ADVS. GOVERNMENT PLEADER SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022, ALONG WITH WP(C).12651/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **[WP(C) Nos.12651/2020, 28508/2020]** **3** ## **JUDGMENT** The only question in this case is whether the petitioners, who are 'Mechanics' in the service of the respective Universities, are entitled to be promoted as 'Lower Division Clerks' (L.D.Clerks). 2. The proximate reason for the petitioners in having approach this Court is because the promotions granted to them by the College in which they are working, were objected by the office of the jurisdictional Deputy Director of the Collegiate Education, saying that Mechanics are not eligible, as per the applicable Statutes, to be so promoted. 3. The petitioners say that the above objections raised by the office of the Deputy Director is without basis and is contrary to the affirmative declarations of this Court in at least two judgments, namely in **[WP(C) Nos.12651/2020, 28508/2020]** ## **4** WP(C)Nos.18647/2021 and 7665/2021. 4. Sri.Joshi N.Thomas – learned counsel appearing for the petitioners in these cases, submitted that this Court has already declared in the afore two judgments that when the applicable Statutes of the Universities provide that various categories of NonTeaching Staff are included within the feeder category for being promoted as L.D.Clerks and when such categories are not exclusive, but clearly shown to be including other similar categories by use of the word “etc”, the principles of _ejusdem generis_ would operate to include the post of 'Mechanics' also into such classification. He submitted that this is precisely what this Court has declared in the afore two judgments. He, therefore, prayed that the impugned objection of the office of the Deputy Director of the Collegiate Education be quashed and his clients' **[WP(C) Nos.12651/2020, 28508/2020]** ## **5** promotions made by the respective colleges be directed to be approved by the competent Authority without any further delay. 5. Sri.P.C.Sasidharan – learned Standing Counsel for the Calicut University, namely the 6[th] respondent in WP(C)NO.28508/2020, did not contest the fact that this Court has already declared that the 'Mechanics' are also entitled to be promoted as L.D.Clerks through the judgment in _**Abdul Jaleel v. Director of**_ _**Collegiate Education**_ [WP(C)No.7665/2021]. He submitted that his client has nothing further in comment to the various allegations and assertions made in this writ petition. 6. I notice that in WP(C)No.12651/2020, though the College, which has offered promotion to the petitioner therein, is affiliated to the Mahatma Gandhi University, it has not been arrayed as a respondent. However, since the declarations in the afore ## **[WP(C) Nos.12651/2020, 28508/2020]** ## **6** judgments would apply to every University which have the same conditions of service prescribed, it would not impede this Court from delivering judgment. This is because, going by the First Statute applicable to the Calicut University and the Mahatma Gandhi University, the prescriptions relating to conditions of service of members of the Non Teaching Staff, particularly L.D.Clerks, are similar, if not identical. This fact is conceded. 7. The learned Government Pleader – Smt.Resmi Thomas, made an attempt to support the impugned objections raised by the Deputy Director of Collegiate Education in these cases, but conceded that, in the two judgments referred above - which have been produced on record as Exts.P10 and P11 in WP(C)No.12651/2020 - the declarations are to the effect that 'Mechanics' are also entitled **[WP(C) Nos.12651/2020, 28508/2020]** ## **7** to be promoted as L.D.Clerks, provided they have all the other eligibility and qualifications as are postulated. 8. Sri.Babu Varghese – learned Senior Counsel, instructed by Sri.C.V.Alexander - learned Standing Counsel for respondents 4 and 5 in WP(C)NO.12651/2020, argued in support of the petitioner therein, saying that the applicable provisions of the First Statutes, as also the declarations of law by this Court in the aforementioned judgments, would render it apodictic that he is entitled to be promoted as an L.D.Clerk. The learned Senior Counsel submitted that, in such circumstances, his client had rightly issued orders promoting him, but that this has now been objected by the office of the Deputy Director of Collegiate Education and thus prayed that this writ petition be allowed. 9. When I evaluate the afore submissions, **[WP(C) Nos.12651/2020, 28508/2020]** ## **8** it is inevitable that as long as Exts.P10 and P11 judgments hold the field, the impugned objections raised by the office of the Deputy Director of Collegiate Education cannot find my favour. This is specifically because I am in full affirmation with declarations in these judgments and I find no reason to differ from the same. 10. Penitently, the Government also appears to have accepted these judgments in its letter and spirit because, in Ext.P13 communication produced by the petitioner in WP(C)No.12651/2020, in the case of another person who had also obtained a similar judgment from this Court, the Deputy Director has warned the Principal therein that the non compliance of the directions in it would expose him to necessary consequences. 11. It is ineluctable, therefore, that one of the Deputy Directors has thus taken the **[WP(C) Nos.12651/2020, 28508/2020]** ## **9** stand that the declarations in Exts.P10 and P11 operate to the uncontestable position that Mechanics are also entitled to be appointed as L.D.Clerks, as long as the conditions of service prescribed mandate that various other categories, other than the enumerated ones, would also be so entitled. 12. In the afore circumstances and being implicitly guided by Exts.P10 and P11 judgments produced in WP(C)No.12651/2020, I order these writ petitions; and consequently set aside Ext.P8 order in WP(C)No.12651/2020 and Exts.P3, P8 and P11 orders in WP(C)No.28508/2020. As a resultant and corollary direction, I order the competent jurisdictional Deputy Director of Collegiate Education to approve the promotions offered by the respective Colleges to the petitioners in these cases, subject to all other eligibility conditions **[WP(C) Nos.12651/2020, 28508/2020]** **10** and qualifications being found to be satisfied; thus leading to appropriate orders being issued, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. It goes without saying that subsequent to the afore action, all eligible benefits shall be disbursed to the petitioners without any avoidable delay thereafter. ## **Sd/-** ## **DEVAN RAMACHANDRAN** **JUDGE** SAS **[WP(C) Nos.12651/2020, 28508/2020]** **11** ## **APPENDIX OF WP(C) 28508/2020** PETITIONER'S EXHIBITS |EXHIBIT P1|COPY OF ORDER NO G2-EASTT/NTS/485/2017| |---|---| ||DATED 2.3.2017 ISSUED BY THE 5TH| ||RESPONDENT| |EXHIBIT P2|COPY OF LETTER NO G2-EASTT/NTS/442/2017| ||DATED 20.8.2018 ISSUED BY THE 4TH| ||RESPONDENT| |EXHIBIT P3|COPY OF ORDER NO E3/12697/19 DATED| ||23.11.2019 ISSUED BY THE 2ND RESPONDENT| |EXHIBIT P4|COPY OF LETTER NO G2/ESTT/NTS/442/2017/954| ||DATED 3.12.2019 ISSUED BY THE 4TH| ||RESPONDENT| |EXHIBIT P5|COPY OF REPRESENTATION DATED 23.3.2020 OF| ||THE PETITIONER SUBMITTED TO THE 2ND| ||RESPONDENT| |EXHIBIT P6|COPY OF REPRESENTATION DATED 12.7.2020 OF| ||THE PETITIONER SUBMITTED TO THE MINISTER| ||FOR HIGHER EDUCATION| |EXHIBIT P7|COPY OF COMMUNICATION NO D3/173/2020/HIGH| ||EDN DATED 14.8.2020 ISSUED BY THE 1ST| ||RESPONDENT| |EXHIBIT P8|COPY OF ORDER NO E3/6370/2020/COLL.DEPT| ||DATED 20.8.2020 ISSUED BY HE 2ND| ||RESPONDENT| |EXHIBIT P9|COPY OF LETTER NO 10669/GA-11-F SO/2013/CY| ||DATED 21.8.2020 ISSUED BY THE 6TH| ||RESPONDENT| |EXHIBIT P10|COPY OF LETTER NO G2/ESTT/NTS 442/427/2020| ||DATED 8.9.2020 ISSUED BY THE 4TH| ||RESPONDENT| |EXHIBIT P11|COPY OF ORDER NO E3/6370/2020| ||COLL.EDNL/DEPT DATED 1.12.2020 ISSUED BY| **[WP(C) Nos.12651/2020, 28508/2020]** ## **12** THE 2ND RESPONDENT |EXHIBIT P12|COPY OF ORDER NO E3/3418/18 COLL.EDN/DEPT| |---|---| ||DATED 14.3.2018 ISSUED BY THE 2ND| ||RESPONDENT| |EXHIBIT P13|COPY OF ORDER NO E3/4739/2018/COLL| ||DEPT.DATED 18.12.2018 OF THE 2ND| ||RESPONDENTS| |EXHIBIT P14|COPY OF ORDER GO (ORD) M 2020/2018 H.EDN| ||DEPT DATED THIRUVANANTHAPURAM 7.11.2018| |Exhibit P15|COPY OF JUDGMENT DATED 03.12.2021 IN WPC| ||18647/2021 OF THIS HONOURABLE COURT.| |Exhibit P16|COPY OF JUDGMENT DATED 04.03.2022 IN WC| ||7665/2021 OF THIS HONOURABLE COURT.| |Exhibit P17|COPY OF ORDER NO. D-3/37/2022/HEDN/DATED| ||30.03.2022 ISSUED BY THE ADDITIONAL CHIEF| ||SECRETARY, HIGH EDUCATION DEPARTMENT,| ||THIRUVARANANTHAPURAM.| |Exhibit P18|COPY OF ORDER NO. E3/32681/2021/CELL. EDN,| ||DEPT. DATED 05.04.2022 ISSUED BY THE| ||DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,| ||THIRUVANANTHAPURAM.| |RESPONDEDNTS' EXHIBITS|TRUE COPY OF THE LETTER| ||NO.D3/392/H.EDN/2019 DATED 03.11.2020.| **[WP(C) Nos.12651/2020, 28508/2020]** **13** ## **APPENDIX OF WP(C) 12651/2020** PETITIONER'S EXHIBITS |EXHIBIT P1|COPY OF ORDER DATED 02.06.2014 ISSUED BY 5TH| |---|---| ||RESPONDENT.| |EXHIBIT P2|COPY OF ORDER NO.ESTT. E5/35069/2014| ||CALL.EDN. DATED 25.04.2015 ISSUED BY 2ND| ||RESPONDENT.| |EXHIBIT P3|COPY OF ORDER NO.BMC/NTS.PRAB/1/2015-2016| ||DATED 03.06.2015 ISSUED BY THE 5TH| ||RESPONDENT.| |EXHIBIT P4|COPY OF ORDER NO.BMC NTS/P1/04/2019 DATED| ||01.04.2019 ISSUED BY THE 5TH RESPONDENT.| |EXHIBIT P5|COPY OF ORDER NO,BMC NTS P2/06/2019| ||THRIKAKARA DATED 01.06.2019 ISSUED BY 5TH| ||RESPONDENT.| |EXHIBIT P6|COPY OF CIRCULAR NO.E-1/43599/2017 COLL.EDM| ||DATED 24.11.2018 DCE DIV. 23.09.2019 ISSUED| ||BY THE 2ND RESPONDENT.| |EXHIBIT P7|COPY OF CLARIFICATION ORDER NO.E-1/32192/2019| ||DCE DIV. 23.09.2019 TO ISSUED BY THE 2ND| ||RESPONDENT.| |EXHIBIT P8|COPY OF ORDER NO.E5/40473/2019/DCE DATED| ||17.03.2020 ISSUED BY THE 2ND RESPONDENT.| |EXHIBIT P9|COPY OF ORDER NO.E/214739/2018 COLL.EDN| ||DATED.18.12.2018 ISSUED BY 2ND RESPONDEDNT| |Exhibit P10|COPY OF JUDGMENT DATED 03.12.2021 IN WP(C)| ||18647/2021 OF THIS HON'BLE COURT.| |Exhibit P11|COPY OF JUDGMENT DATED 04.03.2022 IN WP(C)| ||7665/2021 OF THIS HON'BLE COURT.| |Exhibit P12|COPY OF ORDER NO. D-3/37/2022/HEDN/ DATED| ||30.03.2022 ISSUED BY THE ADDITIONAL CHIEF| ||SECRETARY, HIGHER EDUCATION DEPARTMENT,| **[WP(C) Nos.12651/2020, 28508/2020]** ## **14** THIRUVANANTHAPURAM. Exhibit P13 COPY OF ORDER NO.E3/32681/2021/CELL.EDN.DEPT DATED 05.04.2022 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. RESPONDENT EXHIBITS EXHIBIT R5(A) A TRUE COPY OF THE PROPOSAL SUBMITTED BY THE 4TH RESPONDENT PRINCIPAL DATED 01.04.2019. EXHIBIT R5(B) A TRUE COPY OF THE PROPOSAL SUBMITTED BY THE 4TH RESPONDENT PRINCIPAL DATED 15.06.2019.