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1990 Supreme(Ker) 63

V.SIVARAMAN NAIR
Govindan Kutty – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Petitioner holds a certificate for having passed the Trade Test (Electrician), after completing S.S.L.C. He commenced service in 1952 as a Telephone Operator. He was promoted as a First Grade Overseer in 1974 and was further promoted as Assistant Engineer under Ext.P1 dated 11-6-1984. Ext.P2 is the Special Rules for the post of Assistant Engineer (Electrical) issued by the State Government in G.O.Ms.330/65/PW dated 29-11-1965. Notes 1 to 3 were added to the method of appointment by promulgation of G.O.(P) 80/74/PW dated 25-5-1974. The effect of that Note in so far as it concerned the petitioner was to prescribe a ratio of 3:2 between diploma-holders and certificate holders for promotion as Junior Engineers (since redesignated as Assistant Engineers (Ele.)). A final seniority list of First Grade Draftsmen/ Overseers, to which category the petitioner belonged, was published in Ext.P3 proceedings dated 9-12-1983. The seniority list attached thereto is Ext.P3(a). Petitioner was Sl. No.39 and the fourth respondent was S1.No.42 in that list. In Ext.P4 G.O.Ms.10/80/PI & E dated 18-1-1980, Government ordered regularisation of provisional employees under R.18(a) of the Kerala










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