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2004 Supreme(Ker) 491

J.B.KOSHY, A.K.BASHEER, K.P.BALACHANDRAN
Subaida Beevi, S. – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Koshy, J.

The short question to be considered in these Writ Petitions is whether the ratio of 1:1 fixed between diploma holders and certificate holders for promotion to the post of Head Computer in the computing branch of the Government Presses governed by the Government Press Subordinate Service Rules, 1976 is correct or not Petitioner in OP.No.16867 of 1995 is a diploma holder in Printing Technology. Petitioners in OP.Nos.12952 and 17419 of 1995 are certificate holders. All petitioner were working in the same feeder category of Computing Supervisor. According to the special rules issued vide G.O.(P)No.327/76/PD dated 22-9-1976, qualification of diploma in Printing Technology was prescribed as one of the essential qualifications for supervisory posts like General Foreman, Head Computer etc. Thereafter, there were several representations in order to minimise the hardships of the non-diploma holders who were in service. Government, subsequently, amended the Special Rules with effect from 30-1-1978 as per G.O.(P). No.100/80/H.Edn. dated 1-7-1980 by substituting the following Note:

"Promotion of persons qualified under item 2 (a) and 2 (b) above shall be made in the ratio 1:














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