High Court Kerala High Court

V.Jayakumar vs State Of Kerala on 11 November, 2009

Kerala High Court
V.Jayakumar vs State Of Kerala on 11 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23132 of 2009(J)


1. V.JAYAKUMAR, LOWER DIVISION CLERK
                      ...  Petitioner

                        Vs



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

2. THE CHIEF ENGINEER, PUBLIC WORKS

                For Petitioner  :SRI.S.P.ARAVINDAKSHAN PILLAY

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/11/2009

 O R D E R
                       ANTONY DOMINIC, J.
                  -------------------------
                    W.P.(C.) No.23132 of 2009
             ---------------------------------
           Dated, this the 11th day of November, 2009

                          J U D G M E N T

The petitioner is a Lower Division Clerk, now working in the

Local Self Government Department on pre-deployment from Public

Works Department. He belongs to Scheduled Caste community. He

is aspiring for promotion to the post of Upper Division Clerk.

2. It is his case that when by Ext.P2 order dated

03/01/2009, provisional promotions were effected, although his

juniors, who had passed Account Test, have been granted

promotion, he was not included in the list for the reason that he has

not passed the obligatory test. The contention of the petitioner is

that he is entitled to be given temporary promotion extending the

benefit of Rule 13A(1)(a) of Part-II, KS & SSR.

3. Being a scheduled caste candidate, the petitioner is

eligible for the benefit of Rule 13A(1)(a). It is noticed that after

Ext.P2, provisional promotions were effected, the petitioner has

submitted Ext.P4 application before the Assistant Executive

WP(C) No.23132/2009
-2-

Engineer, which has been forwarded to the 2nd respondent under

cover of Ext.P5.

4. Now that the petitioner’s application is pending before

the 2nd respondent, I direct the 2nd respondent to consider the said

application made by the petitioner for the benefit of Rule 13A(1)(a)

of Part-II KS & SSR, and in the light of Ext.P3 judgment of this Court

in WP(C) No.5880/2006 dated 15/11/2006. Orders on Exts.P4 & P5

shall be passed as expeditiously as possible, at any rate, within four

weeks of production of a copy of this judgment, along with a copy

of this writ petition.

The petitioner shall produce a copy of this judgment along

with a copy of this writ petition before the 2nd respondent for

compliance.

This writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg