IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7527 of 2005(U)
1. A.T.MAHESAN, LOWER DIVISION CLERK,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY THE
... Respondent
2. THE DIRECTOR GENERAL, N.C.C. DIRECTORATE
For Petitioner :SRI.V.CHITAMBARESH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :18/07/2008
O R D E R
K.BALAKRISHNAN NAIR, J
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W.P.(C).No. 7527 OF 2005
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Dated this the 18th day of July, 2008.
J U D G M E N T
The petitioner is a member of a scheduled caste. He was
appointed as L.D. Clerk in the department of National Cadet
Corps on 13.6.1997. He completed his probation on 21.1.2000.
Since he was a member of the scheduled caste he was entitled to
be promoted temporarily as U.D. Clerk by virtue of the provisions
of Rule 13(A)(1)(a) of the KS&SSR and allowed to continue for
three years. If he does not pass the test within the three years,
he will be reverted under Rule 13A(2)(a). Though he was
entitled to the above benefit as a member of the scheduled caste,
it was not extended to him. So, he filed Exts.P1 and P2
representations. This Court by Ext.P3 judgment directed the
Government to consider those representations. The Government
issued Ext.p4 holding that the petitioner is entitled to be
promoted as U.D. Clerk temporarily in a vacancy that arose on or
after 21.1.2000. In obedience to that direction, the 2nd
respondent, appointing authority of the petitioner passed Ext.P5
W.P.(C).No. 7527 OF 2005 2
order promoting him as U.D. Clerk with effect from 21.1.2000
and also reverting him to the post of L.D. Clerk with effect from
21.1.2003. He has been granted all consequential monetory
benefits also. This writ petition is filed challenging Ext.P5 order
of the 2nd respondent.
2. According to the petitioner, he should have been
promoted prospectively from the date of Ext.P1 for a period of
three years and allowed him, during that three year period, to
clear the Account Test (Lower) which is the obligatory test, which
he should have cleared for promotion to the post of U.D. Clerk.
The relevant portion of the Rule 13 A reads thus:
“13A. Special and Departmental Tests-Temporary
exemption for promotion-[1] Notwithstanding anything
contained in rule 13-
(a) Where a pass in a special or departmental test is
prescribed by the Special Rules of a service for any
category, grade or post therein or in any class thereof, a
member of a service belonging to any of the Scheduled
Castes or Scheduled Tribes who has not passed the said
test but is otherwise qualified and suitable for appointment
to such class, category, grade or post may be appointed
thereto temporarily.
(b) Where a pass in a special or departmental test is
newly prescribed by the Special Rules of a service for any
category, grade or post therein or in any class thereof, aW.P.(C).No. 7527 OF 2005 3
member of a service who has not passed the said test but
is otherwise qualified and suitable for appointment to such
class, category, grade or post may, within two years of the
introduction of the test, be appointed thereto temporarily.
[2]. If a member of a service appointed under clause (a)
of sub-rule (1) does not pass the test within three years
from the date of such appointment or when the said test
also involves practical training, within three years after the
first chance to undergo such training after such
appointment, or if a member of service appointed under
clause (b) of sub-rule (1) does not pass the test within two
years from the date of introduction of the said test or if
the said test also involves practical training, within two
years after the first chance to undergo such training after
the introduction of the said test, he shall be reverted to
the class, category, grade or post from which he was
appointed and shall not again be eligible for appointment
under clause (a) or (b) as the case may be, of sub-rule
(1).
Provided that the period of temporary exemption
allowed under clause (b) of sub-rule (1) shall be extended
by three years in the case of a person belonging to any of
the Scheduled Castes or Scheduled Tribes.
3. Going by the above Rule, the petitioner is entitled to
get exemption only for a period of three years. The petitioner
was entitled for promotion from the date he became eligible to
be considered for promotion, that is, from the date he completed
probation. The said benefit has been granted to him. Since he
did not clear the test within the three year period, he was rightly
reverted under Ext.P5. Account test (Lower) is a test conducted
W.P.(C).No. 7527 OF 2005 4
by PSC from time to time. The petitioner joined service in 1997,
and he was reverted under Ext.P5 only in 2003. Within the said
time limit, the petitioner failed to clear the test. For that he
must blame himself. Since he could not clear the test even
within the extended time, I find no reason to grant him further
time, accordingly the writ petition fails and the same is
dismissed.
K.BALAKRISHNAN NAIR, JUDGE
bkn/-