IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 OP.No. 1856 of 2001(U) ---------------------- PETITIONER: ------------ N.K.BALAKRISHNAN SPECIAL REVENUE INSPECTOR (LA) KSEB, KANNUR BY ADV. SRI.N.SUGATHAN SMT.R.SEEMA RESPONDENTS: ------------- 1. THE STATE OF KERALA SECRETARY TO GOVT, REVENUE DEPARTMENT SECRETARIAT, TVM 2. THE COMMISSIONER OF LAND REVENUE TVM SR.GP MR.BENJAMIN PAUL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP 1856/01 CMP NO.3156 OF 2001 IN OP 1856 OF 2001 DISMISSED SD/-K.BALAKRISHNAN NAIR,JUDGE 09.06.2008 SD/-M.C.HARI RANI, JUDGE APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF STATEWISE PROVISIONAL INTEGRATED LIST OF LDC/VA AS ON 10.09.1984 EXT.P2 TRUE COPY OF STATEWISE PROVISIONAL SENIORITY LIST OF UDC/SVO FOR THE PERIOD FROM 10.09.1984 TO 28.2.1998 EXT.P3 TRUE COPY OF STATEWISE PROVISIONAL SENIORITY LIST OF HC/RI FOR THE PERIOD FROM 10.09.1984 TO 31.12.1998 EXT.P4 TRUE COPY OF THE STATEMENT CONTAINED IN LETTER DT.24.4.2000 OF DY COLLECTOR (GENERAL) KANNUR EXT.P5 TRUE COPY OF THE PROCEEDINGS DT.20.11.2000 OF THE SECOND RESPONDENT EXT.P6 TRUE COPY OF THE REPRESENTATION DT.27.11.2000 BEFORE R2 EXT.P7 TRUE COPY OF PROCEEDINGS DT.13.12.2000 OF 2ND RESPONDENT EXT.P8 TRUE COPY OF THE GO(P)NO.25/97/P&ARD D.28.11.1997 OF THE GOVT TRUE COPY PATO JUDGE K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Original Petition (C) No.1856 of 2001-U -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioner, while working as Special Revenue Inspector under the Land Revenue Department, has filed this Writ Petition, claiming promotion to the post of Deputy Tahsildar. He is a member of the Scheduled Caste. He has not cleared the Accounts Test (Lower), which is one of the qualifications prescribed for promotion to the post of Deputy Tahsildar. The petitioner claimed temporary exemption from passing the test under Rule 13A(1)(a) of the KS&SSR. But, ignoring his claim, he was overlooked in the matter of promotion on the ground that he is not test qualified. So, he filed Ext.P6 representation, claiming promotion to the post of Deputy Tahsildar. Thereafter, this Writ Petition is filed, praying that he may be promoted as Deputy Tahsildar w.e.f. 20.11.2000 and to grant him all consequential benefits. 2. The point whether for appointment by transfer as Deputy Tahsildar, an incumbent belonging to Scheduled Caste/Scheduled Tribe is entitled to get exemption under Rule 13A(1)(a) of the KS&SSR, was pending before the OP 1856/01 2 Division Bench of this court in several Writ Petitions. So, this OP was also referred to be heard by the Division Bench along with other connected cases. Now, the point raised by the petitioner is covered in his favour by the decision of this court in State of Kerala v. Chathan (2005(1) KLT 75). In the above decision, the Division Bench of this court considered the applicability of exemption for appointment by transfer to the post of Deputy Tahsildar in the Land Revenue Department and it was held that the members of the SC/ST are entitled to get the exemption under 13A(1)(a) of the KS&SSR. We are in respectful agreement with the said decision. If the petitioner is denied appointment by transfer as Deputy Tahsildar only on the ground that he did not clear the test/(s) prescribed under the Special Rules, he is entitled to succeed. It is declared so. So the second respondent is directed to consider and pass orders on Ext.P6 in accordance with law in the light of the above mentioned decision of this court and the observations made in this judgment within three months from the date of receipt of a copy of this judgment. The petitioner shall be afforded an opportunity of being heard before final orders are passed on his claim. If his claim for appointment by transfer to the post of Deputy Tahsildar with retrospective effect is upheld, he shall be entitled to all consequential OP 1856/01 3 benefits except arrears of salary. The Original Petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE 09.06.2008 M.C.HARI RANI, JUDGE sta OP 1856/01 4