IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10901 of 2005(W)
1. M.MOHAN, S/O.MANUEL, MOHANA SADANAM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE COMMISSIONER OF LAND REVENUE,
3. THE DISTRICT COLLECTOR,
For Petitioner :SRI.N.SUGATHAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.K.DENESAN
Dated :21/12/2006
O R D E R
K.K.DENESAN, J.
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WP(C)No. 10901 OF 2005
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Dated this the 21st December, 2006.
JUDGMENT
The petitioner is borne on the cadre of Deputy
Tahsildar in the Revenue Department. He belongs to a
scheduled caste community, and as such, entitled to get
exemption from test qualification as provided in Rule
13A(1) of K.S & S.S.R. He has sought for a declaration
that he is entitled to temporary exemption from passing
criminal judicial test prescribed in the special rules for
the Kerala Revenue Service for appointment as Tahsildar and
that he is entitled to be appointed as Tahsildar. He has
also sought for a direction to respondents 1 and 2 to hold
the meeting of the Departmental Promotion Committee
forthwith to include his name in the select list and to
assign him appropriate place in the list notified and
published pursuant to the meeting of the Departmental
Promotion Committee on 30.12.2004.
2. Shri. N.Sugathan, learned counsel for the
petitioner submits that in the select list notified
pursuant to the meeting of the Departmental Promotion
Committee held on 30.12.2004, juniors to the petitioner
have been included and they have been promoted to the post
of Tahsildar. Therefore, the petitioner has prayed for a
WPC 10901/2005 2
direction to the respondents to promote him to the cadre of
Tahsildar with effect from 6.4.2005, the date on which his
immediate junior in the category of Deputy Tahsildar was
promoted.
3. Heard the Govt. Pleader also. The disputed issue is
whether the test qualification viz., a pass in the criminal
judicial test is a test coming within the purview of Rule
13A(1) of K.S & S.S.R. This Court had occasion to consider
the above issue in Ext.P14 judgment passed on 9.10.2006 in
W.P(C) 25902/2005. Ext.P14 judgment strengthens the
contention of the petitioner. He is entitled to get the
benefit of exemption as held in the case of similarly
situated persons vide Ext.P14 judgment. It is so declared.
4. The Departmental Promotion Committee shall hold the
ad hoc meeting as early as possible to consider the fitness
of the petitioner to be included in the select list for the
year 2005 (Ext.P7) deeming him to be fully qualified and
prepare the select list within six weeks on the petitioner
producing a copy of this judgment.
5. Counsel for the petitioner submits that there
remains only nine months for the petitioner to retire from
service. Having regard to that fact the Government shall
issue, as expeditiously as possible, appropriate
notification based on the select list prepared by the
WPC 10901/2005 3
Departmental Promotion Committee in its ad hoc meeting.
Needless to state that depending on the rank assigned to
the petitioner in the select list for the year 2005, he
shall be granted promotion to the post of Tahsildar with
effect from the date his juniors were promoted to the post
of Tahsildar. The above exercise shall be expedited and
completed bearing in mind that the petitioner belongs to a
scheduled caste community and that he is to retire from
service on superannuation within a short period. Writ
petition is disposed of as above.
K.K.DENESAN
Judge
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