IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6043 of 2010(E)
1. B.BALAKRISHNAN,
... Petitioner
Vs
1. SECRETARY TO GOVERNMENT,
... Respondent
2. THE DIRECTOR,
For Petitioner :SRI.M.V.AMARESAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/03/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.6043 OF 2010 (E)
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Dated this the 5th day of March, 2010
J U D G M E N T
Petitioner is working as LDC in Kanhangad Municipality.
Petitioner submits that he is 60% blind and he seeks exemption
from passing departmental test for promotion to higher posts.
According to the petitioner in similar cases Government have
exempted persons from acquiring test qualification and he relies on
Exts.P1 and P2 orders. Seeking similar benefits it is stated that he
made Ext.P3 representation to the Government and that by Ext.P4
he has been informed that the matter is engaging attention of the
Government. It is stated that there has not been any progress in the
matter and that as a result of which he is stagnating in the category
of L.D. Clerk. In these circumstances this writ petition is filed
praying for a direction to the respondents to exempt the petitioner
from acquiring test qualification for the purpose of promotion.
2. What is sought for by the petitioner is exemption from the
general rules which require that a person should acquire test
qualification to become eligible for promotion. Power to give
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exemption is a power vested in Government and this is what has
been invoked by the petitioner by filing Ext.P3. In Ext.P4 reply
since he has been informed that the matter is engaging the
attention of the Government, it is evident that the Government is
yet to take a decision on the request made by the petitioner.
Therefore, at this stage what is warranted is that the Government
should expedite its decision on Ext.P3.
3. Therefore the writ petition is disposed of directing the first
respondent to expedite decision on Ext.P3 representation made by
he petitioner. This shall be done as expeditiously as possible and at
any rate within 6 weeks from the date of production of a copy of
this judgment along wit a copy of this writ petition.
Petitioner shall produce a copy of the judgment along with a
copy of this writ petition before the first respondent for compliance.
(ANTONY DOMINIC)
JUDGE
vi/
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