IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23132 of 2009(J)
1. V.JAYAKUMAR, LOWER DIVISION CLERK
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CHIEF ENGINEER, PUBLIC WORKS
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :11/11/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.23132 of 2009
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Dated, this the 11th day of November, 2009
J U D G M E N T
The petitioner is a Lower Division Clerk, now working in the
Local Self Government Department on pre-deployment from Public
Works Department. He belongs to Scheduled Caste community. He
is aspiring for promotion to the post of Upper Division Clerk.
2. It is his case that when by Ext.P2 order dated
03/01/2009, provisional promotions were effected, although his
juniors, who had passed Account Test, have been granted
promotion, he was not included in the list for the reason that he has
not passed the obligatory test. The contention of the petitioner is
that he is entitled to be given temporary promotion extending the
benefit of Rule 13A(1)(a) of Part-II, KS & SSR.
3. Being a scheduled caste candidate, the petitioner is
eligible for the benefit of Rule 13A(1)(a). It is noticed that after
Ext.P2, provisional promotions were effected, the petitioner has
submitted Ext.P4 application before the Assistant Executive
WP(C) No.23132/2009
-2-
Engineer, which has been forwarded to the 2nd respondent under
cover of Ext.P5.
4. Now that the petitioner’s application is pending before
the 2nd respondent, I direct the 2nd respondent to consider the said
application made by the petitioner for the benefit of Rule 13A(1)(a)
of Part-II KS & SSR, and in the light of Ext.P3 judgment of this Court
in WP(C) No.5880/2006 dated 15/11/2006. Orders on Exts.P4 & P5
shall be passed as expeditiously as possible, at any rate, within four
weeks of production of a copy of this judgment, along with a copy
of this writ petition.
The petitioner shall produce a copy of this judgment along
with a copy of this writ petition before the 2nd respondent for
compliance.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg