IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 38283 of 2007(G) -------------------------- PETITIONER: ------------ 1. R. BABU, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY (RE-SURVEY) PUNALUR, KOLLAM DISTRICT. 2. K. ANILKUMAR, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY NO.1, PATHANAMTHITTA. 3. T.SASIDHARAN, DISTRICT HEAD SURVEYOR, OFFICE OF THE DISTRICT SUPERINTENDENT OF SURVEY, COLLECTORATE, PATHANAMTHITTA. 4. D.MOHANDEV, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS (RE-SURVEY), ANCHAL, KOLLAM DISTRICT. 5. SADANANDAN P.K., HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS (RE-SURVEY), CHANGANACHERRY, KOTTAYAM DISTRICT. 6. K. SURENDRAN, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS (RE-SURVEY), PATTAMBI, PALAKKAD DISTRICT. 7. A.M.SANTHAKUMARI, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS (RE-SURVEY), PEERMADE, IDUKKI DISTRICT. 8. K.L.VALSAMMA, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS (RE-SURVEY), PEERMADE, IDUKKI DISTRICT. 9. K.R.RAJEEV, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS, NILAMBUR, WAYANAD DISTRICT. WP(C).No. 38283 of 2007 -2- 10. N.B.SINDHU, HEAD SURVEYOR, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS (RE-SURVEY), KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SMT.K.S.SAIRA RAVIKUMAR. SRI.A.ANILKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF SURVEY & LAND RECORDS, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. T.B.MINI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).38283/2007 -------------------- Dated this the 23rd day of May, 2008 JUDGMENT Petitioners are presently working as Head Surveyors in the Survey and Land Records Department. They belong to Scheduled Caste community and claim exemption from the test qualification prescribed for promotion to the post of Superintendent of Survey and Land Records, in terms of Rule 13A of the General Rules. There was a dispute earlier as to whether the exemption under Rule 13A, which is a temporary exemption for a period of three weeks, is available in respect of the essential qualifications prescribed for the post of Superintendent of Survey and Land Records. A Division Bench of this Court in Somarajan v. State of Kerala (2007 (1) KLT 186) held that the temporary exemption under Rule 13A is available in respect of the test prescribed for the post of Superintendent of Survey and Land Records as well. It is now submitted that the Petition filed by the State against the judgment has been dismissed by the Supreme Court. In the circumstances, petitioners' case for promotion to W.P.(C).38283/2007 2 the post of Superintendent of Survey and Land Records ought to be considered on the premise that the petitioners are entitled to exemption from the obligatory test qualification prescribed for the said post. In the result, writ petition is disposed of directing the first respondent to consider the case of the petitioners for promotion to the post of Superintendent of Survey and Land Records on the premise that the petitioners are entitled to temporary exemption from the qualification prescribed for the said post in terms of Rule 13A of Part-II of K.S & S.S.R. If the petitioners file a representation along with a copy of the judgment within a period of four weeks from today, necessary orders shall be passed thereon within a period of two months thereafter. V.GIRI, Judge mrcs