IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31864 of 2008(R)
1. A.P.SOMAN, SPECIAL VILLAGE OFFICER,
... Petitioner
Vs
1. COMMISSIONER OF LAND REVENUE,
... Respondent
2. DISTRICT COLLECTOR, KOTTAYAM.
For Petitioner :SRI.V.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :31/10/2008
O R D E R
P.N.RAVINDRAN, J
-----------------------------
W.P.(C) NO: 31864 OF 2008
-----------------------------
Dated this 31st day of October, 2008
J U D G M E N T
Heard Sri.V.Rajendran, the learned counsel appearing for
the petitioner and Smt.Anu Sivaraman, the learned Government
Pleader appearing for the respondents.
2. The petitioner is presently working as Special Village
Officer. He entered service as Lower Division Clerk on 5-7-1991
He has passed all the departmental tests except the Chain Survey
test. In view of the decision of the Division Bench of this Court in
W.A. No.548 of 2008 and connected cases, personnel of the
Revenue Department who have satisfactorily completed their
probation prior to the amendment of the Special Rules introduced
as per G.O.(P)No.460/96/RD dated 12-8-1996 though with
retrospective effect, need not pass the Chain Survey test. The
petitioner submits that though he has completed his probation in
the category of Lower Division Clerk satisfactorily with effect
from 4-7-1993 and he was promoted as Upper Division
Clerk/Special Village Officer on 6-6-2006, on the ground that he
has not passed the Chain Survey test, he has been granted grade
promotions only in the lower scales of pay, treating him as an
unqualified hand. The petitioner submits that his promotion in to
the category of Upper Division Clerk/Special Village Officer was
W.P.(C) NO:31864/2008
2
also delayed on the ground that he has not passed the Chain
Survey test. The petitioner also submits that as a member of a
Scheduled Caste Community, he is also exempted from passing
the departmental tests by virtue of Rule 13 A of Part II of the
Kerala State and Subordinate Services Rules. The petitioner has
in Ext.P4 representation addressed to the District Collector,
Kottayam and Ext.P5 representation addressed to the
Commissioner for Land Revenue, Thiruvananthapuram sought
promotion to the post of Village Officer/Head Clerk based on his
seniority reckoned with effect from the date of his advice for
appointment as Lower Division Clerk, by treating him as a
qualified hand.
As Ext.P4 and P5 representations are pending before the
District Collector, Kottayam and Land Revenue Commissioner,
Thiruvananthapuram respectively, I dispose of the writ petition
with a direction to the said authorities to consider and pass
orders on the representations pending before them in the light of
the law laid down by the Division Bench of this Court in W.A
No.548 of 2008 and connected cases. This shall be done within
three months from the date on which the petitioner produces a
certified copy of this judgment.
P.N.RAVINDRAN,
JUDGE