IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7756 of 2009(L)
1. SURESH.B, U.D.CLERK,TALUK INDUSTRIES
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR,INDUSTRIES AND COMMERCE
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/03/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J
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W.P.(C) No. 7756 of 2009
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Dated this the 23rd day of March, 2009
JUDGMENT
The petitioner is working as UD clerk in Taluk Industries
office Neyyattinkara. The main relief sought for in the writ
petition is for a direction to the respondents to give appointment
to the petitioner to the post of Junior co-operative Inspector in
accordance with the seniority in the category of UD clerk.
2. The petitioner is having the qualification B.Com with Co-
operation as an elective subject. This is evidenced by Exts.P4 and
P4(a). He has passed the MOP, Account Test(L) & Account Test
(H), which is evidenced by Exts.P6, P7 and P8 respectively.
3. The Special Rules provides qualification for the post of
Junior Co-operative Inspector and one of the qualifications for
appointment by transfer is B.Com degree or HDC or JDC. The
petitioner’s contention is that his qualification B.Com with Co-
operation as an elective subject is equivalent to HDC and thus he
is fully qualified for such appointment.
4. The issue raised by the petitioner is covered in his favour
by various judgments of this court, namely, Exts.P10 to P14. In
Ext.P10 a similar issue was considered by this Court. It was held
wpc: 7756 of 2009
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that the qualification B.Com with Co-operation is equivalent to
that of HDC and the same is sufficient for the purpose of
appointment by transfer. The other judgments are also of the
same effect.
Therefore, the case of the petitioner will be examined in
accordance with the view taken already. In the result, the writ
petition is disposed of directing the respondents to consider the
case of the petitioner for appointment as Junior Co-operative
Inspector in the light of the dictum laid in Exts.P10 to P14
judgments and appropriate orders shall be passed within a period
of three months from the date of receipt of a copy of this
judgment. The petitioner will produce a copy of the writ petition
along with a copy of the judgment for compliance.
T.R.RAMACHANDRAN NAIR,
JUDGE
bps