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2004 Supreme(Ker) 526

J.B.KOSHY, K.P.BALACHANDRAN
The State of Kerala – Appellant
Versus
C. Chathan – Respondent


Judgment :-

Koshy, J.

Petitioners were working in the cadre of Head Clerks/Revenue Inspectors. When juniors of the petitioners were promoted as Deputy Tahsildars by Ext.P2, petitioners approached this court. They were not given appointment by transfer as Deputy Tahsildars because, according to the Government, they were not having the required essential qualification for the above post. Petitioners are members of the scheduled caste community and the learned single Judge was of the opinion that in view of rule 13A of Part II of the Kerala State and Subordinate Services Rules (hereinafter referred to as ‘the KSSSR’), they were exempted from passing the required tests as provided under the Kerala Revenue Subordinate Service Special Rules (hereinafter referred to as ‘the Special Rules’) and, therefore, petitioners are entitled to get promotion and directed the Government to grant promotion to them, if they are otherwise qualified.

2. Appointment of Deputy Tahsildars can be made by direct recruitment or by recruitment by transfer as provided under the Special Rules. Rule 7 of the Special Rules prescribes qualification for appointment of Deputy Tahsildars. It is as follows:

“7. qualificatio














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