High Court Kerala High Court

M.Mohan vs State Of Kerala on 21 December, 2006

Kerala High Court
M.Mohan vs State Of Kerala on 21 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10901 of 2005(W)


1. M.MOHAN, S/O.MANUEL, MOHANA SADANAM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE COMMISSIONER OF LAND REVENUE,

3. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.N.SUGATHAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.K.DENESAN

 Dated :21/12/2006

 O R D E R
                             K.K.DENESAN, J.

                    -----------------------------

                        WP(C)No. 10901 OF 2005

                    -----------------------------

                Dated this the 21st December, 2006.



                                 JUDGMENT

The petitioner is borne on the cadre of Deputy

Tahsildar in the Revenue Department. He belongs to a

scheduled caste community, and as such, entitled to get

exemption from test qualification as provided in Rule

13A(1) of K.S & S.S.R. He has sought for a declaration

that he is entitled to temporary exemption from passing

criminal judicial test prescribed in the special rules for

the Kerala Revenue Service for appointment as Tahsildar and

that he is entitled to be appointed as Tahsildar. He has

also sought for a direction to respondents 1 and 2 to hold

the meeting of the Departmental Promotion Committee

forthwith to include his name in the select list and to

assign him appropriate place in the list notified and

published pursuant to the meeting of the Departmental

Promotion Committee on 30.12.2004.

2. Shri. N.Sugathan, learned counsel for the

petitioner submits that in the select list notified

pursuant to the meeting of the Departmental Promotion

Committee held on 30.12.2004, juniors to the petitioner

have been included and they have been promoted to the post

of Tahsildar. Therefore, the petitioner has prayed for a

WPC 10901/2005 2

direction to the respondents to promote him to the cadre of

Tahsildar with effect from 6.4.2005, the date on which his

immediate junior in the category of Deputy Tahsildar was

promoted.

3. Heard the Govt. Pleader also. The disputed issue is

whether the test qualification viz., a pass in the criminal

judicial test is a test coming within the purview of Rule

13A(1) of K.S & S.S.R. This Court had occasion to consider

the above issue in Ext.P14 judgment passed on 9.10.2006 in

W.P(C) 25902/2005. Ext.P14 judgment strengthens the

contention of the petitioner. He is entitled to get the

benefit of exemption as held in the case of similarly

situated persons vide Ext.P14 judgment. It is so declared.

4. The Departmental Promotion Committee shall hold the

ad hoc meeting as early as possible to consider the fitness

of the petitioner to be included in the select list for the

year 2005 (Ext.P7) deeming him to be fully qualified and

prepare the select list within six weeks on the petitioner

producing a copy of this judgment.

5. Counsel for the petitioner submits that there

remains only nine months for the petitioner to retire from

service. Having regard to that fact the Government shall

issue, as expeditiously as possible, appropriate

notification based on the select list prepared by the

WPC 10901/2005 3

Departmental Promotion Committee in its ad hoc meeting.

Needless to state that depending on the rank assigned to

the petitioner in the select list for the year 2005, he

shall be granted promotion to the post of Tahsildar with

effect from the date his juniors were promoted to the post

of Tahsildar. The above exercise shall be expedited and

completed bearing in mind that the petitioner belongs to a

scheduled caste community and that he is to retire from

service on superannuation within a short period. Writ

petition is disposed of as above.

K.K.DENESAN

Judge

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