IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17546 of 2011(P) ----------------------- PETITIONER : --------------------- SAJU XAVIER, S/O.XAVIER, AGED 38 YEARS, U.D.TYPIST, DISTRICT INDUSTRIES CENTRE, ERNAKULAM. RESIDING AT KURUPPASSERY HOUSE, KALLARKUTTY, IDUKKI DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. 2. THE DIRECTOR, INDUSTRIES AND COMMERCE DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN- 695 001. R1 & R2 BY GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 17546 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PROMOTION ORDER OF THE PETITIONER AND OTHERS DATED 4.8.2010 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. EXT.P2 : COPY OF THE CERTIFICATE DATED 21.6.2011 ISSUED BY MAHATMA GANDHI UNIVERSITY. EXT.P3 : COPY OF REPRESENTATION DATED 10.6.2011 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4 : COPY OF ONE OF SUCH JUDGMENT DATED 29.11.2006 IN WP(C) NO. 29728/2006 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S.SIRI JAGAN, J. ================== W.P.(C).No. 17546 of 2011 ================== Dated this the 29th day of June, 2011 J U D G M E N T Both sides agree that the issue involved in this writ petitions is squarely covered by the judgment in W.P.(C).No. 7910/2011. The said judgment reads thus: '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. (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 w.p.c.17546/11 2 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 Co- operation 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 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.' Accordingly, following that judgment, this writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for appointment in accordance with the findings in the above judgment and to pass appropriate orders, as expeditiously as w.p.c.17546/11 3 possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the respondents for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge