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2025 DIGILAW 1173 (KER)

Maneesh A S/o. Vasudevan v. University of Calicut

2025-05-13

N.NAGARESH

body2025
JUDGMENT : The petitioners, who are working as Clerical Assistants in the University of Calicut, are before this Court seeking to command the respondents to appoint the petitioners to the post of Assistants as per the ratio prescribed in the Calicut University First Ordinance, 1978. 2. The petitioners state that they were appointed/promoted as Clerical Assistants during the period from 2015 onwards. Though the petitioners were appointed in 2015 as Clerical Assistants, their probation was declared with retrospective effect, in the year 2024 due to the pendency of certain writ petitions. 3. The petitioners state that appointment to the post of Assistants is by (1) Direct recruitment, (2) by promotion of Clerical Assistants with SSLC qualification and five years service in that cadre on the basis of ratio 2:1 between direct recruitment and promotion, (3) Clerical Assistants who have secured a Degree, on declaration of probation in the cadre of Clerical Assistants if vacancy exists and (4) Typists without Degree, who have completed five years service and Typists who have secured a Degree and completed three years of service. 4. All the petitioners are Degree holders and fall under Category (3). Therefore, upon declaration of probation, the petitioners are eligible to be promoted in the post of Assistants. In the year 2015, the Government of Kerala issued Ext.P17 Notification stating that posting and appointment of all Non Teaching posts shall be by direct recruitment through Public Service Commission. 5. The 3 rd respondent-PSC was entrusted with the task of preparation of select list by direct recruitment to the post of Assistants. The Principal Secretary to the Government informed the University that appointment to various posts of Non Teaching Staff can be done by way of appointment by transfer and also by promotion as per the relevant Statute of the University. By Ext.P19 judgment in W.P.(C) No.3187/2018, this Court set aside the Act 18 of 2015 to the extent same entrust the PSC to prepare a select list for appointment of Non-Teaching Staff only by direct recruitment. This Court held that if any method other than direct recruitment is permissible under the University Act or Ordinance, that will continue to be in force. 6. The petitioners state that in spite of Exts.P18 and 19, still the University is resorting to only direct recruitment for appointment as Assistants. The petitioners submitted Exts.P20 to P24 representation to the University. This Court held that if any method other than direct recruitment is permissible under the University Act or Ordinance, that will continue to be in force. 6. The petitioners state that in spite of Exts.P18 and 19, still the University is resorting to only direct recruitment for appointment as Assistants. The petitioners submitted Exts.P20 to P24 representation to the University. However, the University has not taken steps to promote the petitioners as Assistants. Therefore, the petitioners seek to declare that the Clerical Assistants in the 1 st respondent- University, who possess the qualification prescribed in Ext.P3 First Ordinance, are eligible for promotion to the post of Assistants. 7. Respondents 1 and 2 filed a counter affidavit. Respondents 1 and 2 submitted that there were four categories in the cadre of Assistant namely Assistant Grade-II, Assistant Grade-I, Senior Grade Assistant and Selection Grade Assistant. On implementation of 8 th Pay Revision Order, the posts of Assistant Grade-II and Assistant Grade-I were merged and designated as Assistant which is the entry post in the Assistant cadre. 8. As per the service conditions of Non-Teaching Staff, for promotion of the Clerical Assistants as Assistants, one of the conditions is that only those Clerical Assistants who were appointed/promoted to the post of Clerical Assistants on or before 31.12.2008 and have secured a Degree can be promoted as Assistants on declaration of probation if vacancy exists. The afore amendment was approved by the Sennett of the University on 02.02.2012 and the amendment has effect from March, 2009. 9. As per the amendment, promotion to the post of Assistants is restricted to those who were appointed/promoted as Clerical Assistants on or before 31.12.2008, and Typists who were appointed on or before 25.03.2006. Since the petitioners are promoted as Clerical Assistants from 2015 onwards, they are not eligible for promotion to the post of Assistants. 10. Respondents 5 to 13 resisted the writ petition filing counter affidavit. Respondents 5 to 13 submitted that they are persons included in the rank list published by the Kerala Public Service Commission. As per Ext.R5(b) GO dated 05.01.2008, as a condition to extend the pay revision benefits to the Non Teaching Staff of all Universities in the State, Assistant posts in Universities were merged. This was done on the condition that all future appointments to the post of Assistant Grade-II (entry level) will be by way of direct recruitment only. As per Ext.R5(b) GO dated 05.01.2008, as a condition to extend the pay revision benefits to the Non Teaching Staff of all Universities in the State, Assistant posts in Universities were merged. This was done on the condition that all future appointments to the post of Assistant Grade-II (entry level) will be by way of direct recruitment only. It was ordered that no other categories will be promoted to the post of Assistant Grade-II. 11. The petitioners are aware of the merger of the Assistant posts. They are seeking promotion to a post on the basis of provisions related to another post which is now non existent. The petitioners are all enjoying the pay revision benefits granted by the Government. The writ petition is therefore without any merit and is liable to be dismissed. 12. I have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondents 1 to 3. I have also heard the learned counsel representing additional respondents 5 to 13. 13. The petitioners are persons who are appointed to the lower level posts in the University of Calicut. The petitioners were appointed as Clerical Assistants in the year 2015. Their probation was declared in the year 2024. The petitioners contend that in the light of Calicut University First Ordinance, Clerical Assistants are entitled to be promoted as Assistants. The petitioners claim that they are all holders of Degree whose probation has been declared and therefore they are entitled to be promoted as Assistants. 14. The counter affidavit filed by respondents 1 and 2 would indicate that consequent to the Government Order, the schedule of Non Teaching service in Chapter XV of Calicut University First Ordinance, 1978, governing the service conditions of the Non Teaching Staff of the University was amended. The amended schedule reads as follows: SI.No. Category/ Post Scale of Pay Minimum Qualification Age Limit Appointing Authority Method of Recruitment 1 2 3 4 5 6 7 9 Assistant 13900- 24040 University Degree (for direct recruitment) Not more than 36 years Vice Chancellor 1.By recruitment on the basis of merit as decided by competitive test and interview inviting application by advertisement in the press. 2. 2. By Promotion: Clerical Assistants who were appointed/promoted to the post of Clerical Assistants on or before 31.12.2008 with SSLC qualification and 5 years service in that cadre shall be promoted as Assistant Grade II subject to availability of vacancies and on the basis of ratio of 2:1 between direct recruitment and promotion. 3. Clerical Assistants who were appointed /promoted to the post of Clerical Assistants on or before 31.12.2008 and have secured a degree be promoted as Assistant on declaration if probation in the cadre of Clerical Assistants if vacancy exists. 4. Typists without degree who have completed 5 years service and appointed in the post of typist on or before 25.03.2006 shall be allowed to change category as Assistant Grade II. Typists who possess the prescribed qualifications for direct recruitment to the post of Assistant Grade II ie. a degree of Calicut University or equivalent thereto, and having four years aggregate service in the Calicut University. 5.Only a total of 2% of the posts in the cadre of Assistant Grade II in the Calicut University is set apart for Clerical Assistant and Typists together for appointment by transfer to the post of Assistant Grade II. Note: This shall not be applicable in the case of those Clerical Assistants who were appointed/promoted to the post of Clerical Assistants on or before 31.12.2008. 15. The afore amendment is effected from March, 2009. Clause 3 of Column 7 of the amended schedule would show that it is only those Clerical Assistants who were appointed/promoted to the post of Clerical Assistants on or before 31.12.2008 who are eligible for promotion under the category (3). Admittedly, all the petitioners were promoted as Clerical Assistants only in the year 2015 and thereafter. Their probation was declared still much later. The said amendment to the schedule of Non Teaching service in Chapter XV of Calicut University First Ordinance, 1978 has not been challenged in the writ petition. In the afore facts and circumstances, I do not find any merit in the writ petition. The writ petition is therefore dismissed.