High Court Kerala High Court

A.Jabarli vs The State Of Kerala on 17 September, 2009

Kerala High Court
A.Jabarli vs The State Of Kerala on 17 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2054 of 2009()


1. A.JABARLI,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF ECONOMICS AND STATISTICS

3. S.VIJAYAN, STATISTICAL OFFICER,

                For Petitioner  :SRI.T.C.SURESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :17/09/2009

 O R D E R
             KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
                   ---------------------------------------------
                          W.A. NO. 2054 OF 2009
                    ---------------------------------------------
                 Dated this the 17th day of September, 2009


                                 JUDGMENT

Kurian Joseph, J.

The apprehension of the appellant is that by operation of the interim

order dated 25.8.2009, the petitioner who is a graduate will not get

promotion to the post of District Statistical Officer. It is submitted that

though the appellant is promoted to the post of Additional District Officer,

which is a feeder category, only on 30.1.2009, since he is on the verge of

retirement, he is entitled to approach the Government for relaxation in the

matter of completion of probation. Therefore, if all the vacancies are in

the meanwhile filled up, that would adversely affect the interest of the

appellant and, therefore, it is prayed that the interim order may be suitably

modified to the effect that only in the absence of graduates, non graduates

can be promoted.

2. We are afraid, we may not be justified in granting such a

clarification in an appeal filed against an interim order. The submissions

W.A. NO. 2054/2009 2

of the learned counsel for the appellant do have a bearing on the final

outcome of the Writ Petition. Therefore, it is for the appellant to approach

the learned Single Judge for appropriate modification for safeguarding his

interest.

Without prejudice to such liberty, the Writ Appeal is disposed of.

(KURIAN JOSEPH)
JUDGE

(C.T. RAVIKUMAR)
JUDGE

sp/

W.A. NO. 2054/2009 3

KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.

W.A.NO.2054/2009

JUDGMENT

17th September, 2009