Legal opinion on promotion to the post of Deputy Librarian in University of Kerala

  Preliminary Minutes of the 21st Meeting of the Syndicate held on 29.12.2020

Item No: 21.104 Promotion to the post of Deputy Librarian - Legal opinion –Consideration of- reg. (Ad.AV)

As per the Kerala University First Ordinances 1978, the posts of the Library System are Librarian, Deputy Librarian, Assistant Librarian Gr.I, Assistant Librarian Gr.II, Reference Assistant, Technical Assistant and Library Assistant. The promotion upto the post of Deputy Librarian will be based on the cadre seniority of feeder categories.The two streams of Library Staff (UGC and Non UGC) came into existence on the basis of proceedings of the University dated 05.03.2007. WP(C)No. 25780/2018 filed by Sri. Harikumar S, Assistant Librarian Gr.I(Rtd) & Sri. Abdul Majeed E, Deputy Librarian(Rtd) and WP(C) No.16470/2020 filed by Dr. Majeed.H, Assistant Librarian Gr.I regarding the promotion to the post of Deputy Librarian is pending before the Hon'ble High Court. It may be noted that, an interim order dated 25.02.2020 has been issued against WP(C)No. 25780/218 filed by Sri. Harikumar S, Assistant Librarian Gr.I(Rtd) and Sri. Abdul Majeed E, Deputy Librarian(Rtd)-"it is made clear the petitioners if retires during the pendency of the writ petitions, the retirement is subject to further entitlement which is decided by the court upon hearing both parties." As per U.O. No. Ad.AV.01753/2020/UOK dated 27.02.2020, Sri. Abdul Majeed E, Assistant Librarian Gr.I was promoted provisionally to act as Deputy Librarian, subject to the final outcome of the cases pending before the Hon'ble High Court. The U.O. was issued on the basis of the learned opinion of the Standing Counsel. Sri. Abdul Majeed E has retired on 29.02.2020. It may also be noted that, three Deputy Librarian posts fell vacant in the University vice Smt. Sujitha Kumari T.K., Smt. Maya M.R. and Sri. Abdul Majeed E retired from the service. The Legal section was requested to seek the learned opinion of the Standing Counsel whether promotions be effected to the post of Deputy Librarian from the feeder category of Assistant Librarian Gr.I and subsequent vacancies in the lower cadres subject to the final outcome of the cases pending before the Hon'ble High Court, vide note dated 21.05.2020.The Standing Counsel, vide note dated 29.08.2020, has opined that, the Hon'ble High Court had directed that, all the connected cases to be posted for final hearing and disposal on 16.09.2020 and it may not be correct to take any hasty decision touching any issue covered by the adjudication before the date fixed by the Hon'ble High Court.

The Legal section was again requested to seek the learned opinion of the Standing Counsel on the same and to inform the present status of all cases pending in connection with this. Now, the Standing Counsel, vide letter dated 27.12.2020, has stated that, 'regarding Non-UGC Librarians, promotions can be granted to the available vacancies in the post of Deputy Librarian as there is no order in any of the pending cases interdicting the University from granting such promotions. But since the cases are pending, by way of abundant caution, in the promotion orders issued it can be mentioned that the same shall be subject to the final outcome of the writ petitions pending'. As per the orders of the Vice-Chancellor, the matter of granting promotion to the three posts of Deputy Librarian from the feeder category of Assistant Librarian Gr.I (Non-UGC) and to the subsequent vacancies in the lower cadres subject to the final outcome of the cases pending before the Hon'ble High Court, on the basis of the learned opinion of the Standing Counsel, is placed before the Syndicate for consideration and appropriate decision. 

Resolution of the Syndicate 

The Syndicate considered the legal opinion and RESOLVED to grant promotion to the three posts of Deputy Librarian from the category of Assistant Librarian Grade I (Non UGC) and to the subsequent vacancies in the lower cadre, subject to the final disposal of the writ petitions pending before the Hon’ble High Court of Kerala.

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