IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 40556 of 2003(C) ------------------------------------- PETITIONER(S): ---------------------- G. SATHYASEELAN, AGED 42 YEARS, S/O. GOPALAN, MUPRATHALACKAL MELETHIL KOTTARAKKARA, NOW WORKING AS VILLAGE ASSISTANT TALUK OFFICE, KOTTARAKKARA. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.THAJUDEEN RESPONDENT(S): ------------------------ 1. THE LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, QUILON. BY GOVERNMENT PLEADER SMT. K.B. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 40556 of 2003(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE JUDGMENT DATED 25.11.2002 IN O.P. NO. 32047/2001 EXT.P2 - TRUE COPY OF THE REQUEST DATED 10.11.2003 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P3 - TRUE COPY OF THE APPOINTMENT ORDER DATED 12.01.1987. EXT.P4 - TRUE COPY OF THE PROCEEDINGS NO. LRE 4/47735/03 DATED 04.12.2003 OF THE FIRST RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 40556 of 2003 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2009 J U D G M E N T The petitioner is a scheduled caste member in the service of the Government of Kerala. He entered service as Village Assistant. He could not pass the obligatory departmental test for declaration for satisfactory completion of probation as well as for becoming eligible for further promotion. When his probation was not declared he approached this court by O.P. 32047 of 2001, in which, by Ext.P1 judgment, this court upheld the eligibility of the petitioner for exemption from test qualification and consequent declaration of probation. Accordingly, this court directed consequential benefits to the petitioner. Pursuant to the said judgment, the petitioner's probation had been declared. Thereafter by Ext.P4 dated 4.12.2003, the petitioner was promoted as UDC/Village Officer. Petitioner's contention in this writ petition is that the petitioner is entitled to be promoted as UD clerk/Village officer with effect from 28.5.2001, on which date his junior Sri. Babykutty V.N. was promoted. The petitioner's contention is that the temporary exemption from test qualification available to scheduled caste/scheduled tribe members are being extended by the Government W.P(C)No. 40556 of 2003 - 2 - from time to time and the exemption the same still continues and therefore his promotion could not have been with held for want of test qualification. According to the petitioner, by virtue of that exemption, as on 28.5.2001, when the petitioner's junior Babykutty V.N. was promoted, the petitioner was also eligible for such promotion. The petitioner further contends that Ext.P3 proceedings of the District Collector dated 12.1.1987, which is the order of appointment of both the petitioner and the said Sri. Babykutty V.N., shows that the petitioner is senior to the said Babykutty V.N and therefore in the said circumstances the petitioner is entitled to be promoted in preference to the said Babykutty V.N. 2. I have heard the learned Government Pleader also. 3. Although, neither the petitioner nor the learned Government Pleader could produce before me the latest Government Order, by which the temporary exemption from test qualification for scheduled caste/scheduled tribe members of the service under the Government of Kerala has been extended, it is more or less admitted that the exemption is till current. If the exemption is still current, then as on the date of promotion of Babykutty V.N. namely 28.5.2001 the petitioner was eligible to be promoted in preference to Babykutty. From Ext.P3, it W.P(C)No. 40556 of 2003 - 3 - prima facie appears that the petitioner is senior to Babykutty. 4. In the above circumstances, I am of opinion that the 1st respondent Land Revenue Commissioner should consider the claim of the petitioner in that regard. Sri. Babykutty has not been made a party to this writ petition. If the petitioner is to be given an anterior date of promotion as UD Clerk/Village Officer ahead of Sri. Babykutty, BabyKutty would certainly be affected. That being so, that benefit cannot granted to the petitioner except after hearing Sri. Babykutty also. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent Land Revenue Commissioner to consider the claims of the petitioner for promotion as UD Clerk/ Village Officer with effect from 28.5.2001 in accordance with law and pass appropriate orders thereon, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as Sri. Babykutty V.N. S.SIRI JAGAN, JUDGE rhs