Kerala High Court
Shaji M.K vs The High Court Of Kerala on 26 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:16200
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 26TH DAY OF FEBRUARY 2026/7TH PHALGUNA, 1947
WP(C) NO. 22956 OF 2025
PETITIONER:
SHAJI M.K.,
AGED 52 YEARS,
S/O.KUNJAPPAN, OVERSEER GRADE-II,
HIGH COURT OF KERALA, ERNAKULAM, COCHIN
RESIDING AT MANNAPPATTU THUNDIYIL HOUSE,
PALLIMATTAM, EROOR,
ERNAKULAM, PIN - 682306
BY ADVS.
SMT.M.U.VIJAYALAKSHMI
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
RESPONDENTS:
1 THE HIGH COURT OF KERALA,
ERNAKULAM, KOCHI,
REPRESENTED BY THE REGISTRAR GENERAL,
PIN - 682031
2 PREMJI V.V.,
ASSISTANT ENGINEER (TEMPORARY)
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI, PIN - 682031
BY ADV.
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 21.01.2026, THE COURT ON 26.02.2026 DELIVERED
THE FOLLOWING:
2026:KER:16200
W.P.(C) No.22956/2025
:2:
N. NAGARESH, J.
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W.P.(C) No.22956 of 2025
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Dated this the 26th day of February, 2026
JUDGMENT
~~~~~~~~~ The petitioner, who is working as Overseer Grade-II in the High Court of Kerala, seeks to quash Exts.P15 and P19 and to direct the 1st respondent-High Court of Kerala to consider the claim of the petitioner for promotion/appointment by transfer as Assistant Engineer (Electrical) in accordance with Exts.P6 and P16 in the light of Ext.P13 and give him his legitimate appointment without delay.
2. The petitioner passed SSLC and holds National Trade Certificate issued by the NCVT in the trade of Electrician. The petitioner also holds Diploma in Electrical and 2026:KER:16200 W.P.(C) No.22956/2025 :3: Electronics Engineering awarded by the State Board of Technical Education, Government of Kerala. The petitioner belongs to a Scheduled Caste. After working in prominent institutions like FACT, KWA and Technical High School as Electrical Pump Operator, Control Technician, etc., the petitioner joined service under the Kerala High Court as Helper on 28.03.2011. The petitioner was appointed as Overseer Grade-II by transfer on 19.12.2018.
3. As per the Kerala High Court Service Rules, 1970, the highest post in the Engineering Wing was Overseer Grade-II. As per the Kerala High Court Service Rules, 2007, the highest post is Overseer Grade-I which is to be filled up by appointment by transfer, deputation or direct recruitment for which the qualification prescribed was Plus Two or equivalent and Degree / Diploma in Electrical Engineering. The post of Overseer Grade-II was upgraded as Overseer Grade-I with effect from 15.02.2006 and the post of Assistant Engineer was incorporated in the Rules with effect from 06.02.2014.
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4. The method of appointment to the post of Assistant Engineer is by promotion from the post of Overseer Grade-II, appointment by transfer, deputation or direct recruitment. In the case of promotion from Overseer Grade-II or appointment by transfer, the qualification was Plus Two or equivalent and Degree / Diploma in Electrical Engineering. The then incumbent in the post of Overseer Grade-I was not having Plus Two, SSLC or equivalent or Degree / Diploma in Electrical Engineering when the post of Assistant Engineer was created. However, the post was upgraded as Overseer Grade-I and the incumbent was appointed as Assistant Engineer even though he was not possessing SSLC or Diploma in Engineering, contends the petitioner. The said incumbent was given exemption from acquiring qualifications.
5. In the year 2023, the petitioner submitted Ext.P9 representation dated 29.11.2023 seeking exemption from Plus Two qualification for promotion as Assistant Engineer. The request was rejected as per Ext.P10 OM dated 2026:KER:16200 W.P.(C) No.22956/2025 :5: 15.03.2024. The petitioner hence filed W.P.(C) No.14231/2024. The writ petition was dismissed as per Ext.P11 judgment dated 30.05.2024 holding that when the Kerala High Court Service Rules specifically prescribe Plus Two qualification, the same has to be strictly followed.
6. The High Court, as per Ext.P12 Notification, invited applications for appointment by transfer on temporary basis. The petitioner gave willingness on 03.10.2024. The petitioner was called for interview held on 25.11.2024. On 17.01.2025, the result of Higher Secondary School Examination in which the petitioner participated was published. The petitioner passed the Higher Secondary Examination. The petitioner hence submitted Ext.P14 representation dated 20.01.2025 pointing out that he now satisfies the qualifications for appointment as Assistant Engineer.
7. Ext.P14 was rejected on 06.02.2025 on the ground that the 2nd respondent has already been appointed by 2026:KER:16200 W.P.(C) No.22956/2025 :6: transfer on temporary basis till a suitable hand is appointed on deputation as ordered by the Hon'ble Chief Justice.
8. The Kerala High Court Service Rules, 2007 were further amended on 28.03.2025 as per Ext.P16. By Ext.P16, the Plus Two qualification was deleted retaining Degree / Diploma in Electrical Engineering with two years and five years respectively. The petitioner satisfies the qualifications prescribed in Ext.P16 for appointment/promotion to the post of Assistant Engineer. The petitioner therefore submitted Ext.P18 representation dated 09.04.2025. The said representation was rejected as per Ext.P19 OM dated 15.05.2025 holding that the Hon'ble Chief Justice has ordered to fill up the post of Assistant Engineer through deputation and the 2nd respondent is holding the post till a suitable hand is appointed by deputation.
9. The petitioner filed W.A. No.855/2024 challenging Ext.P11 judgment. However, in view of the amendment to the recruitment rules as per Ext.P16, the 2026:KER:16200 W.P.(C) No.22956/2025 :7: petitioner has withdrawn the writ appeal. The petitioner states that he is denied promotion / appointment by transfer only for the reason that he did not possess Plus Two qualification. The petitioner has now acquired Plus Two qualification. However, his request for promotion / appointment by transfer stands rejected on the ground that it has been decided to fill up the post by deputation. The petitioner would urge that when a qualified hand who is the seniormost in the feeder category is available for by-transfer appointment / promotion, denial of promotion is unjust and unsustainable.
10. The 1st respondent filed counter affidavit and resisted the writ petition. The 1st respondent submitted that when the post of Assistant Engineer fell vacant on 09.01.2024, there were no persons eligible for promotion from the category of Overseer Grade-II. Therefore, the Hon'ble Chief Justice on 07.03.2024 ordered to fill up the post by deputation. The Rules Committee of the High Court recommended that considering the nature of duties attached 2026:KER:16200 W.P.(C) No.22956/2025 :8: to the post of Assistant Engineer, the qualification should be prescribed as minimum of graduation in Electrical Engineering with two years experience or Diploma with five years experience. The recommendation of the Rules Committee was accepted by the Hon'ble Chief Justice.
11. The 1st respondent submitted that the rules can be challenged either on the ground that it is ultravires or that it is opposed to fundamental rights or that it is opposed to other plenary laws. The petitioner has no case that the amendments effected would fall in any of these three categories.
12. When the post of Assistant Engineer fell vacant on 09.01.2024, the petitioner did not possess Plus Two qualification. Therefore, the post was temporarily filled up on 24.12.2024 through by-transfer appointment, till a suitable hand is selected and appointed through deputation. Therefore, at present, there is no vacancy in the post of Assistant Engineer so as to consider the petitioner for 2026:KER:16200 W.P.(C) No.22956/2025 :9: promotion / by-transfer appointment. The writ petition is therefore liable to be dismissed.
13. I have heard Sri. Jaju Babu, learned Senior Counsel assisted by the counsel for the petitioner and Sri. P.C. Sasidharan, learned counsel representing the 1st respondent.
14. The petitioner joined services under the High Court of Kerala as a Helper on 28.03.2011. The petitioner had previous service as Electrical Pump Operator, Control Technician, etc. in institutions like FACT, KWA and Technical High School. The petitioner belongs to Scheduled Caste. The petitioner was appointed by transfer as Overseer Grade-II with effect from 19.12.2018. For promotion to the post of Assistant Engineer, Plus Two qualification was prescribed under the Kerala High Court Service Rules, 2007. The incumbent to the post of Overseer Grade-I, when the post of Assistant Engineer was created, was granted exemption from acquiring Plus Two qualification. The 2026:KER:16200 W.P.(C) No.22956/2025 : 10 : petitioner therefore submitted Ext.P9 representation seeking relaxation from Plus Two qualification. The request was rejected as per Ext.P10.
15. The petitioner filed W.P.(C) No.14231/2024 challenging Ext.P10. The writ petition was dismissed as per Ext.P11 on the ground that the Service Rules specifically prescribed Plus Two qualification. Thereafter, Ext.P12 Notification was issued on 25.09.2024 for appointment by transfer on temporary basis. The petitioner participated in the interview and in the meanwhile, the petitioner passed Higher Secondary School Examination on 17.01.2025. As the petitioner did not hold Plus Two on the date of notification, his candidature was not accepted and the 2nd respondent was appointed by transfer on temporary basis.
16. It is seen that such appointment by transfer on temporary basis was resorted to as the Hon'ble Chief Justice decided to fill up the post by appointment on deputation. It is to be noted that the Kerala High Court 2026:KER:16200 W.P.(C) No.22956/2025 : 11 : Service Rules, 2007 was further amended on 28.03.2025 removing the Plus Two qualification as an eligibility criteria. It may be noted that the petitioner's request for promotion / appointment by transfer was earlier rejected on the ground that the petitioner does not possess Plus Two qualification.
17. Be that as it may, at present, the qualification prescribed for promotion / by-transfer appointment to the post of Assistant Engineer is Degree in Electrical Engineering or Diploma in Electrical Engineering with experience of two years and five years respectively. The petitioner is possessing the requisite qualification as per the amended rules. The petitioner possessed those educational qualifications even when he joined as Helper under the establishment.
18. The petitioner's claim for appointment by promotion / by-transfer as Assistant Engineer is now being resisted by the 1st respondent on the ground that during the interregnum, the Hon'ble Chief Justice has decided to fill up the post by a suitable candidate through deputation. Neither 2026:KER:16200 W.P.(C) No.22956/2025 : 12 : Ext.P15 and Ext.P19 nor the counter affidavit filed by the 1st respondent throws light as to under what circumstances that a decision has been taken to fill up the vacancy through deputation. It is not clear whether such decision is taken due to non-availability of suitable hands for promotion / by-transfer appointment. It is also not clear whether such decision is to satisfy any quota/rota rule. In fact, no ratio has been prescribed in the Rules for appointment by promotion, by- transfer, by deputation or through direct recruitment.
19. The petitioner has been working as Overseer Grade-II since the year 2018. The petitioner has all the educational qualifications now prescribed for promotion to the post of Assistant Engineer. The petitioner also possess requisite experience. The petitioner belongs to a Scheduled Caste. There is earlier instance of even granting relaxation from educational qualifications for appointment to the post of Assistant Engineer.
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20. In the afore circumstances, I am of the view that the 1st respondent shall reconsider the claim of the petitioner for appointment as Assistant Engineer by promotion / by-transfer before proceeding with the method of deputation for filling up the post.
The writ petition is therefore disposed of setting aside Ext.P19 and directing the 1st respondent to reconsider the claim of the petitioner for promotion / by- transfer appointment to the post of Assistant Engineer before proceeding with the method of deputation. A decision in this regard shall be taken within a period of two months.
Sd/-
N. NAGARESH, JUDGE aks/23.02.2026 2026:KER:16200 W.P.(C) No.22956/2025 : 14 : APPENDIX OF WP(C) NO. 22956 OF 2025 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF SSLC BOOK DATED 30.03.1988 IN THE NAME OF PETITIONER.
Exhibit P2 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE GRANTED IN FAVOUR OF THE PETITIONER BY THE STATE COUNCIL FOR VOCATIONAL TRAINING ON FEBRUARY 1994 Exhibit P3 TRUE COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE GRANTED IN FAVOUR OF THE PETITIONER BY THE NATIONAL COUNCIL FOR VOCATIONAL TRAINING IN NOVEMBER 1995 Exhibit P4 TRUE COPY OF THE CERTIFICATE OF DIPLOMA ISSUED BY THE STATE BOARD OF TECHNICAL EDUCATION TO THE PETITIONER ON 07.07.2018 Exhibit P5 TRUE COPY OF THE SCHEDULED CASTE CERTIFICATE VIDE SR.NO.8519/2011/A5 DATED 07.06.2011 ISSUED IN FAVOUR OF THE PETITIONER Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF KERALA HIGH COURT SERVICE RULES 2007 RELATING TO SERVICE CONDITIONS OF EMPLOYEES OF THE HIGH COURT OF KERALA (1,5,7,51,59,63) Exhibit P7 TRUE COPY OF THE PROCEEDINGS/ORDER NO.A6-77742/2018 DATED 19.12.2018 OF THIS HON'BLE COURT.
Exhibit P8 TRUE COPY OF THE ORDER NO.A6- 77742/2018 DATED 25.03.2019 OF THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE SUBMISSION DATED 29.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.
Exhibit P10 TRUE COPY OF THE LETTER/OFFICIAL MEMORANDUM NO.HCKL/9767/2023-A5(1) DATED 15.03.2024 OF THIS HON'BLE COURT.
2026:KER:16200 W.P.(C) No.22956/2025 : 15 : Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 30.05.2024 OF THIS HON'BLE COURT IN W.P.(C).NO.14231 OF 2024 Exhibit P12 TRUE COPY OF THE NOTIFICATION/OFFICIAL MEMORANDUM NO.HCKL/9767/2023-A5 DATED 25.09.2024 OF THIS HON'BLE COURT.
Exhibit P13 TRUE COPY OF THE MIGRATION CUM TRANSFER CERTIFICATE DATED 17.01.2025 ISSUED IN FAVOUR OF THE PETITIONER ALONG WITH MARKS STATEMENT CUM CERTIFICATE DATED 17.01.2025 Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 20.01.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P15 TRUE COPY OF THE OFFICIAL MEMORANDUM NO.HCKL/3526/2024-A5 DATED 06.02.2025 OF THIS HON'BLE COURT.
Exhibit P16 TRUE COPY OF THE AMENDED RULES
PUBLISHED VIDE NOTIFICATION
NO.HCKL/9767/2023-A5 DATED 28.03.2025 Exhibit P17 TRUE COPY OF THE BIODATA OF THE PETITIONER Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED 09.04.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P19 TRUE COPY OF THE OFFICIAL MEMORANDUM NO.HCKL/3526/2024-A5 DATED 15.05.2025 OF THIS HON'BLE COURT Exhibit P20 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HON'BLE COURT DATED 10.06.2025 IN WA.NO.855/2024 Exhibit P21 TRUE COPY OF THE JUDGMENT DATED 20.03.2025 OF THIS HON'BLE COURT IN W.P.(C).NO. 44797/2024.