IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33654 of 2011(F) -------------------------- PETITIONER: ----------- H.SALIM,AGED 48 YEARS,S/O.M.HUSSAINKUNJU LOWER DIVISION CLERK,OFFICE OF THE APPELLATE AUTHORITY,(LAND REFORMS) ALAPPUZHA. BY ADVS. SRI.V.MAHENDRANATH SRI.GEORGE SEBASTIAN RESPONDENT(S): -------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 3. THE DISTRICT COLLECTOR,ALAPPUZHA 688 001. 4. THE APPELLATE AUTHORITY (LAND REFORMS) ALAPPUZHA 688 001. BY GOVERNMENT PLEADER SRI. SHAIJ RAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST WP(C).No. 33654/2011 APPENDIX PETITIONER'S EXHIBITS: EXT. P1. : COPY OF THE ADVICE MEMO DATED 7.1.2004 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION TO THE PETITIONER. EXT. P2. : COPY OF THE REPRESENTATION DATED 14.9.2010 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT. P3. : COPY OF THE COVERING LETTER DATED 4.10.2010 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE DST K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.33654 of 2011 --------------------------------------------- Dated this the 16th day of December 2011 JUDGMENT The petitioner is working as a Lower Division Clerk in the office of the fourth respondent. He was initially appointed as a last grade servant in the year 1990 on being advised for such appointment by the Kerala Public Service Commission. Subsequently, he was recruited to the post of a Lower Division Clerk from the category of low paid employees in accordance with the relevant Government order, in the year 2004. The petitioner has been working as a Lower Division Clerk in various offices under the Revenue Department, ever since. However, the petitioner has not passed the District Office Manual Test and Chain Survey Test which are required to be passed. For the above reason, he has not been granted any increments. According to the petitioner, he is an epileptic person who has not even passed SSLC. He contends that despite his best efforts, he could not secure the District WPC No.33654 of 2011 2 Office Manual Test. Therefore, he has submitted representations to the first respondent. He also contends that he is entitled to be granted exemption from passing the departmental test. 2. I have heard the learned Government Pleader also. He opposes the prayer of the petitioner. 3. It is to be noted that the petitioner, if he wants to be paid his increments, should pass the departmental test as mandated by the relevant rules applicable. The petitioner is only 48 years old and therefore, he is not entitled to exemption from acquiring the test qualification at present. Absolutely, no rule or order has been pointed out to me entitling the petitioner to any such exemption. It is up to the petitioner to pass the necessary tests, if he wants to claim further promotion or to improve his career. However, since Ext.P2 is pending consideration of the first respondent, it is sufficient that the same is directed to be considered. 4. In the above circumstances, while holding that the petitioner is not entitled to any of the reliefs claimed in this writ petition, the first respondent is directed to WPC No.33654 of 2011 3 consider the representation of the petitioner, evidenced herein by Ext.P2, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/