JUDGEMENT
N.NAGARESH,J. -
(1.)Petitioners, who are working as Instructors under the 1st respondent - LBS Centre for Science and Technology, seek to quash Ext. P7 proceedings by which four employees have been promoted to the post of Programmer. The petitioners further seek to finalise Ext. P2 Provisional Seniority List after considering their objections.
(2.)The petitioners state that Ext. P2 Provisional Seniority List of Instructors has not been finalised. Respondents 3 to 6 are wrongly assigned seniority in the provisional list overlooking certain service breaks, lack of continuous service and wrong dates of acquisition of qualifications. Without considering the objections of the petitioners, respondents 4 and 7 to 9 have been illegally promoted as Programmers, as per Ext. P7. The further case of the petitioners is that they have acquired 1st Class MCA Degree while working in the lower post. The period of experience prescribed in Rules for promotion as Programmer need not be the experience acquired after obtaining 1st Class MCA and hence they were eligible and ought to have been promoted. The respondents erred in importing Rule 10(ab) of the Kerala State and Subordinate Service Rules ('K.S. and S.S.R.', for short) in the selection process which culminated in Ext. P7.
(3.)The respondents resisted the Writ Petition filing counter affidavits. The 1st respondent stated that pursuant to earlier directions of this Court, the Special Rules for LBS Centre for Science and Technology were framed as per G.O.(Rt) 1854/07/H.Edn. dated 02.11.2007. Regarding seniority list, after inviting objections from all employees, the 1st respondent decided to appoint a Single Member Commission to submit a report. Based on its report, a new provisional seniority list was published inviting objections. Evaluation of objections is being done and a final seniority list will be published thereafter. As regards promotions to the post of Programmer, the selection was conducted after obtaining clarification from Government. Thereafter, the Selection Committee decided to follow Rule 10(ab) of K.S. and S.S.R. as applicable to Kerala Government Service. Under the said Rules, experience requirements should be one gained after acquisition of qualification. The petitioners have not acquired prescribed three years experience after acquisition of 1st Class MCA Degree. Hence, they were not considered.
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