IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 9500 of 2008(E) ------------------------- PETITIONER: ------------ S.GIRIJA, ASSISTANT GRADE I, REGIONAL OFFICE, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES AND SCHEDULED TRIBES LTD., KOTTAYAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT: ------------- KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES AND SCHEDULED TRIBES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, TOWN HALL ROAD, TRISSUR-20. BY SC SRI.M.K. CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).9500/2008 -------------------- Dated this the 24th day of March, 2008 JUDGMENT Petitioner is working as Assistant Grade-I in the respondent, Corporation. As per the recruitment rules made applicable to the Corporation, promotion to the post of Assistant Grade-I is from the category of Assistant Grade-II and one of the educational qualifications prescribed in that behalf is a pass in Government Examination in Book Keeping, (Lower). According to the petitioner, Government was not conducting the examination in Book Keeping for a long time and taking note of this, Ext.P3 circular was issued by the Corporation inviting applications from those persons who wanted to appear for the Book Keeping test to be forwarded to the PSC. Thereafter, petitioner and other employees of the Corporation were permitted to appear for the Departmental test prescribed for Agriculture Income Tax and Sales Tax or KSEB employees. Petitioner passed Book Keeping which was conducted in July, 2007. In the meanwhile by Ext.P5 order dated 5.1.1999, persons W.P.(C).9500/2008 2 working as Assistant Grade-II were provisionally promoted as Assistant Grade-I. Petitioner was included as serial No.10 in that order. But when persons became regularly test qualified, others were regularly promoted under Ext.P6 order and this entailed the reversion of 11 provisional promotees including the petitioner. Petitioner did not challenge the order of reversion. She was subsequently promoted as Assistant Grade-I, but she claimed that she should have been considered as test qualified with effect from the date following the last date of the Departmental Test, ie, 22.7.2000, in terms of Rule 28(bbb) of Part-II of K.S. & S.S.R. This contention was rejected by this Court by Ext.P8 judgment on 4.9.2003, essentially on the premise that the petitioner had not challenged the earlier order of promotion of those qualified persons and her order of reversion. Ext.P8 has become final. 2. Subsequent to Ext.P8 judgment, a revision in the seniority list of Assistant Grade-II has been undertaken W.P.(C).9500/2008 3 by the Corporation under Ext.P9. Petitioner has submitted a representation pursuant to Ext.P9. She has approached this Court seeking a direction to finalize the proposal initiated by the Corporation under Ext.P9. 3. Learned Standing Counsel for the Corporation submits that the proposal under Ext.P9 will be finalized, if some more time is granted. 4. Accordingly, writ petition is disposed of directing the Corporation to finalize further proceedings pursuant to Ext.P9, as early as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs