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1 - 3 of 3 (0.18 seconds)M. James Thomas And Ors. vs The Hon'Ble The Chief Justice ... on 17 June, 1977
In the light of above provision as well as in the light of
decisions in Rasha K which follows the Full Bench and Division Bench
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judgments in James Thomas and others and Varghese and
others supra, I am of the considered opinion that petitioner is entitled
to be considered for promotion to the post of Lecturer with effect from
the date on which he is qualified against the post arose on
01.06.2017. In fact, this situation arose only because the
appointment and promotion in the institution were stalled due to a
management dispute; the petitioner cannot be penalised for that.
However, this Court will not interfere with the notification already
produced as Ext.P11 regarding the other two vacancies for Lecturer
in Mechanical Engineering, specifically those that arose on 01.05.2021
and 01.06.2025.
Rasha K vs Kerala State Beverages (M&M) ... on 3 February, 2015
26. However, as per the decision rendered by this Court in
Rasha K supra, Varghese supra and James Thomas and others
supra, the Rule applicable is the existing rule on the date of
occurrence of vacancy i.e. Rule 3 of Service Rules 1975. Hence, the
petitioner is entitled for consideration for promotion to the post of
Lecturer on the basis of his qualification as First Class in B.Tech. As
per Rule 28bb of Part II KS&SSR in the matters of promotion, what is
relevant is qualification and eligibility at the time of occurrence of
vacancy, and if no qualified and eligible candidates are available at
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such point of time, the eligible employee who first acquires the
qualification thereafter is liable to be considered for promotion. For
the purpose of clarity relevant portion of Rule 28(b)(iA) and Rule
28(bb) of Part II KS&SSR are reproduced hereunder :
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