IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 7910 of 2011(K) ------------------------- PETITIONER(S): --------------- 1. LINEESH.T.K,S/O.RAVEENDRAN.P,AGED 30 YEARS,UD CLERK,DISTRICT INDUSTRIES CENTRE,KANNUR R/AT PUNCHEN HOUSE, PANAMKAN,CHIRAKKAL PO, KANNUR DISTRICT. 2. JOBI.T.Y, S/O.YOHANNAN.T.P, AGED 31 YEARS,UD FIELD ASSISTANT,COIR INSPECTORATE NORTH PARAVUR, R/AT THOTTAPPALY HOUSE, PO YORDHANAPURAM,THOTTAKAM,ANGAMALY(VIA),ERNAKULAM BY ADV. SRI.C.A.CHACKO RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR,INDUSTRIES AND COMMERCE DEPARTMENT,VIKAS BHAVAN,THIRUVANANTHAPURAM 695 001 GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 7910 of 2011 ================== Dated this the 14th day of March, 2011 J U D G M E N T The petitioners are U.D.Clerks in various Departments of the Government. They aspire for appointment by transfer to the post of Junior Co-operative Inspectors. They hold B.Com. Degree with Co-operation as a subject. The qualification prescribed for the post of Junior Co-operative Inspector is BA/B.Sc/B.Com. or its equivalent three year degree of a recognized University with HDC or JDC or substantive personal training. But, by Ext.P6 communication, the 2nd respondent has informed the General Manager, District Industries Centre, Kannur, that B.Com. with Co-operation as a subject is not recognised by the Government as sufficient qualification for the post of Junior Co-operative Inspector. According to the petitioners, this Court has, in Ext.P7 judgment, held that B.Com. Degree with Co-operation as a subject is sufficient qualification for the post of Junior Co-operative Inspector. Following that judgment, other similar judgments have also been passed, one of which is Ext.P8. The petitioners, therefore, seek the following reliefs: “(i) call for records leading to issuance of Ext.P6 and quash Ext.P6 by issuing a Writ of Certiorari or any other appropriate Writ or Order: (ii) declare that petitioners are entitled to get promotion to the post of Junior Co-operative Inspectors, by transfer on the basis of their B.Com Degree with Co-operation. w.p.c.7910/11 2 (iii) issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the 2nd respondent to promote the petitioners to the post of Junior Co-operative Inspector by transfer according to their seniority in the present cadre.” 2. I have heard the learned Government Pleader also. 3. By Ext.P8 judgment, in similar facts circumstances, this Court has passed the following 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 Cooperation 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 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.” In the above circumstances, following Exts.P7 and P8 judgments, this writ petition is also disposed of directing the respondents to consider the case of the petitioners for appointment in accordance with w.p.c.7910/11 3 the findings in Exts.P7 and P8 judgments and to pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of the writ petition along with a copy of this judgment before the respondents for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge