IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 7756 of 2009(L) ----------------------------------- PETITIONER(S): ------------------------ SURESH.B, U.D.CLERK,TALUK INDUSTRIES OFFICE,NEYYATTINKARA,THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,INDUSTRIES DEVELOPMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR,INDUSTRIES AND COMMERCE DEPARTMENT,VIKAS BHAVAN,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 7756 of 2009 --------------------------------------------------- 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 2 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