IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 31864 of 2008(R) -------------------------- PETITIONER(S): --------------- A.P.SOMAN, SPECIAL VILLAGE OFFICER, VECHOOR, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 31864 OF 2008 ----------------------------- Dated this 31st day of October, 2008 J U D G M E N T Heard Sri.V.Rajendran, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Special Village Officer. He entered service as Lower Division Clerk on 5-7-1991 He has passed all the departmental tests except the Chain Survey test. In view of the decision of the Division Bench of this Court in W.A. No.548 of 2008 and connected cases, personnel of the Revenue Department who have satisfactorily completed their probation prior to the amendment of the Special Rules introduced as per G.O.(P)No.460/96/RD dated 12-8-1996 though with retrospective effect, need not pass the Chain Survey test. The petitioner submits that though he has completed his probation in the category of Lower Division Clerk satisfactorily with effect from 4-7-1993 and he was promoted as Upper Division Clerk/Special Village Officer on 6-6-2006, on the ground that he has not passed the Chain Survey test, he has been granted grade promotions only in the lower scales of pay, treating him as an unqualified hand. The petitioner submits that his promotion in to the category of Upper Division Clerk/Special Village Officer was W.P.(C) NO:31864/2008 2 also delayed on the ground that he has not passed the Chain Survey test. The petitioner also submits that as a member of a Scheduled Caste Community, he is also exempted from passing the departmental tests by virtue of Rule 13 A of Part II of the Kerala State and Subordinate Services Rules. The petitioner has in Ext.P4 representation addressed to the District Collector, Kottayam and Ext.P5 representation addressed to the Commissioner for Land Revenue, Thiruvananthapuram sought promotion to the post of Village Officer/Head Clerk based on his seniority reckoned with effect from the date of his advice for appointment as Lower Division Clerk, by treating him as a qualified hand. As Ext.P4 and P5 representations are pending before the District Collector, Kottayam and Land Revenue Commissioner, Thiruvananthapuram respectively, I dispose of the writ petition with a direction to the said authorities to consider and pass orders on the representations pending before them in the light of the law laid down by the Division Bench of this Court in W.A No.548 of 2008 and connected cases. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE