Abdul Rahiman vs State of Kerala and Others

P.V. Narayanan Nambiar, J.—The prayer in the original petition is to quash Ext. P11 and to declare that petitioner is entitled to be promoted as Senior Superintendent from 18-2-1981 with all benefits. Ext. P11 is the order passed by the third respondent by which the request of the petitioner to promote as Senior Superintendent with retrospective effect was held to be inadmissible in view of the Letter No. 2807/D3/91/H.Edn. dated 27-4-1992. The facts which are absolutely necessary for the disposal of the case are as follows:

Petitioner was working as Junior Superintendent in M.E.S. Asmabi College, P. Vemballur. As per Ext. Pl, on 18-2-1981 he was promoted as Senior Superintendent and posted to M.E.S. College, Ponnani. But, he was not releaved accepting his request. Thereafter, the third respondent addressed a letter to the Director of Collegiate Education to permit the petitioner to continue in M.E.S. Asmabi College, P. Vemballur which was declined by the second respondent. Then the third respondent directed the petitioner to join duty as Senior Superintendent in M.E.S. College, Kalady or to decline his promotion till a post becomes available at M.E.S. Asmabi College, P. Vemballur. The petitioner relinquished his promotion as Senior Superintendent and worked as Junior Superintendent in M.E.S. Asmabi College, P. Vemballur. As per Ext. P9 proceedings, he was again promoted on 5-5-1992 as Senior Superintendent in M.E.S. Mampad College which he accepted and joined duty. It is thereafter he filed Ext. P10 representation to the third respondent to give him promotion with retrospective effect, the date on which Ext. P1 was passed and to give him all consequential benefits. It is the stand of the petitioner that no rules are there for relinquishing the promotion of the petitioner under the Kerala State and Subordinate Services Rules, which are applicable to the members of the staff of Private colleges. But the fact remains that he had relinquished the promotion which was extended to him as per Ext. P1 on 18-2-1981. He accepted the promotion only after 5-5-1992. In the meanwhile, his juniors might have been promoted as Senior Superintendent. At any rate, petitioner who had relinquished his promotion when he was promoted in 1991 cannot turn round and say that he is entitled for promotion from that date onwards. He cannot capitalise his own mistake, and he will not be allowed to blow hot and cold. As he joined service as Senior Superintendent only after Ext. P9, he is entitled to get the benefits as Senior Superintendent only from 5-5-1992. So, his claim that he is entitled to get promotion with effect from 18-2-1981 with other service benefits and for quashing Ext. P1 cannot be allowed.

The original petition fails and it is accordingly dismissed.