IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 29872 of 2010(H) --------------------------------------- PETITIONER: ------------------- VALSALA V.C., HEAD CLERK, COMMERCIAL TAX OFFICE, OTTAPPALAM, PALAKKAD DISTRICT. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.K.A.BALAN, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE COMMISSIONER FOR COMMERCIAL TAXES, COMMISSIONERATE OF COMMERCIAL TAXES, THIRUVANANTHAPURAM, PIN - 695 033. 3. JOINT COMMISSIONER FOR COMMERCIAL TAXES, THIRUVANANTHAPURAM, PIN - 695 033. R1 TO R3 BY GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29872/2010-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 23/10/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.2: COPY OF THE REPRESENTATION DTD. 05/04/2010 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF UPPER DIVISION CLERKS IN COMMERCIAL TAXES DEPARTMENT. EXT.P.4: COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF UPPER DIVISION CLERKS IN COMMERCIAL TAXES DEPARTMENT. EXT.P.5: COPY OF THE NO.A2.222/10/TX(1) DTD. 06/04/2010 ISSUED BY R.3. EXT.P.6: COPY OF THE REPRESENTATION DTD.07/05/2010 SUBMITTED BY THE PETITIONER BEFORE THE R.3. EXT.P.7: COPY OF THE NO.A2.222/10/TX DTD. 29/05/2010 ISSUED BY R.3. EXT.P.8: COPY OF THE NO.A2.222/10/TX DTD. 30/06/2010 ISSUED BY R.3. EXT.P.9: COPY OF THE NO. A2.222/10/TX DTD. 05/08/2010 ISSUED BY R.3. EXT.P.10: COPY OF THE JUDGMENT IN W.P.(C).NO.5880/06-V DTD. 15/11/2006 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P.11: COPY OF THE JUDGMENT IN W.P.(C).NO.11804/07-E DTD. 24/05/2007 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P.12: COPY OF THE JUDGMENT IN W.P.(C).NO.33842/06-D DTD. 07/02/2008 OF THE HONOURABLE HIGH COURT OF KERALA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ----------------------------------------- W.P.(C) NO. 29872 OF 2010 ---------------------------------------- Dated this the 28th day of January, 2011. JUDGMENT The petitioner is working as a Head Clerk in the Commercial Taxes Department of the Government of Kerala and is a member of a Scheduled Caste. According to the Petitioner, by virtue of Rule 13A (1) (a) of KS & SSR the petitioner is entitled to temporary promotion to the post of Commercial Tax Inspector, without having to pass special/ departmental test prescribed by the Special Rules, on the basis of her seniority in the feeder category. The petitioner complains that a large number of juniors have been given promotion on the basis of test qualification, denying the petitioner her statutory right for temporary promotion as stipulated in the statute. It is in view of the above situation, the petitioner has filed this writ petition seeking the following reliefs: “i. declare that the petitioner is entitled to promotion to the post of Commercial Tax Inspector temporarily in terms of Rule 13A (1) (a) of KS & SSR 1958 w.e.f. the date on which her immediate junior was promoted to that category with all consequential service and monetary benefits. ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to promote the petitioner to the post of Commercial Tax Inspector in terms of Rule 13A (1) (a) of KS & SSR 1958 with retrospective effect from the date on which her immediate junior in the category of Upper Division Clerk was promoted to that post and grant her all consequential service and monetary benefits including arrears of pay and allowances within a time limit to be fixed by this Hon'ble Court. W.P.(C) NO. 29872 OF 2010 2 Iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to dispose of Exts.P1 and P2 and the 3rd respondent to dispose of Ext.P6 within a time limit to be fixed by this Hon'ble Court. And iv. grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this writ petition (Civil).” 2. The petitioner contends that the issue posed in this writ petition is squarely covered by Ext.P10 judgment of this Court. The learned Government Pleader, on instructions, submits that petitioner has now become qualified and therefore, there cannot be any impediment for her regular promotion. But the counsel for the petitioner submits that still the question as to whether the petitioner was entitled to temporary promotion in accordance with Rule 13A (1)(a) of KS & SSR with effect from the date from which it became due to her, still requires to be considered. The petitioner has already filed Ext.P6 representation in this regard before the 3rd respondent. In the above circumstances, this writ petition is disposed of with the following directions: The 3rd respondent shall consider and pass orders on Ext.P6 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. While doing so, the 3rd respondent shall consider whether the petitioner is W.P.(C) NO. 29872 OF 2010 3 entitled to temporary promotion in accordance with Ext.P10 judgment. If Ext.P10 judgment covers the issue, the petitioner shall be given temporary promotion under Rule 13A with effect from the date when the same become due to the petitioner in accordance with her seniority. The 3rd respondent shall also consider the question of regular promotion to the petitioner in view of the fact that petitioner has now obtained the test qualification as well. The regular promotion shall, in any way, be granted to the petitioner with effect from the date when the same become due to the petitioner. S.SIRI JAGAN, JUDGE mns