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.
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W.A. NO. 2054 OF 2009
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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