IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 6905 of 2003(V)
1. M.SUBAIR KUNJU, ANAS MANZIL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
3. THE SPECIAL TAHASILDAR, LAND ACQUISITION
For Petitioner :SRI.S.B.JAYACHANDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :27/11/2008
O R D E R
S.SIRI JAGAN, J.
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O.P.No. 6905 of 2003
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Dated this the 27th day of November, 2008
J U D G M E N T
The issue involved in this original petition relates to higher
grade which the petitioner claims he is entitled to. The petitioner
entered service as a Village Assistant on 18.7.1981. He was
granted 10 years’ higher grade and 18 years’ higher grade, in
respect of fixation of pay of which the petitioner raised certain
objections. While those objections were being considered, the
Government found that the petitioner was given 10 years’ higher
grade in the scale of pay of Village Officer although he was not
qualified to hold the post of Village Officer for want of passing of
test qualification. Therefore, it was found that the petitioner was
entitled to 10 years’ higher grade only in the intermediate scale
and not in the scale of pay applicable to the next promotion post.
Hence it was directed to revise the higher grade payable to the
petitioner accordingly. Exts.P5 and P6 orders in this regard are
under challenge in this original petition.
2. The petitioner submits that the finding that the
petitioner was not qualified to hold the post of Village Officer is
o.p.6905/03 2
not correct. According to him, he had actually passed the test,
but he had lost the certificates and therefore, he could not
produce the same before the superior officers. The petitioner now
points out in his reply affidavit that he has been proceeded
against in disciplinary proceedings on the charge that for avoiding
transfer due to promotion and consequent permanent
relinquishment from promotion, the petitioner had suppressed
the fact about passing of the departmental test, in which
proceedings the petitioner was found guilty and by Ext.P8 order,
the petitioner was imposed with a punishment of censure.
According to the petitioner, this would go to show that the
petitioner had actually passed the departmental test, which was
the qualification prescribed for promotion to the post of Village
Officer and, therefore, the petitioner was actually entitled to the
higher grade in the scale of pay of the Village Officer.
3. A counter affidavit has been filed in the original
petition, which does take into account Ext.P8. The same proceeds
on the basis that the petitioner is not eligible for the higher
grade in the scale of pay of the Village Officer, since the
petitioner was not qualified to hold the post of Village Officer for
o.p.6905/03 3
want of test qualification.
4. On a consideration of the rival contentions, I find that
the petitioner was, by Ext.P8, actually found guilty of suppression
of the fact of passing the departmental test, which was the
qualification prescribed for promotion to the post of Village
Officer. That being so, I am of opinion that the matter is liable to
be reconsidered in the light of the above facts. Accordingly this
original petition is disposed of with the following directions:
The petitioner shall within three weeks from today, along
with a certified copy of this judgment, file a suitable
representation before the 2nd respondent-District Collector. The
District Collector, on receipt of the representation, shall afford an
opportunity of being heard to the petitioner and pass final orders,
as expeditiously as possible, at any rate, within two months from
the date of receipt of the representation along with a certified
copy of this judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
o.p.6905/03 4
S.SIRI JAGAN, J.
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O.P.No. 6905 of 2003-V
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J U D G M E N T
27th November, 2008
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