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1988 Supreme(Ker) 470

MALIMATH, BHASKARAN NAMBIAR
MOHANAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This appeal is directed against the judgment of the learned single judge dismissing O.P. No. 7879/86. The appellants hold the post of Upper Division Clerks in the Weights and Measures Department of the Kerala State. They are aspiring for promotion to the post of Divisional Inspectors. Though the U. D. Clerks cadre is a feeder category for promotion to the post of Divisional Inspectors of Weights and Measures under the Kerala Weights and Measures Subordinate Service Rules, as they do not possess the educational qualification prescribed viz, of graduation, their case for promotion has not been considered. Non consideration of their case is consistent with the clarification made in Ext. P1 dated 2-9-1986 issued by the Under Secretary to the Government which states that in future U. D. Clerks of Weights and Measures Department who are having basic qualification of graduation alone need be promoted and appointed as Inspectors (W & M) in accordance with the ratio as laid down in the Special Rules. The learned Single Judge after examining the relevant rules governing prescription of qualifications for the post of Divisional Inspectors has come to the conclusion that even U.









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