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1995 Supreme(Ker) 178

K.K.USHA
Ganesan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Petitioner was granted appointment as Lower Division Typist in the Agricultural Income Tax and Sales Tax Department' Thrissur District under Ext. P5 order dated 18-6-1994 subject to the conditions contained in the relevant Government Orders. Thereafter the petitioner made a representation for granting him a category change as Lower Division Clerk. This request was rejected under Ext. P9 order dated 25-2-1995, which is under challenge in the original petition.

2. Petitioner's father G. Subranmanian Potty died in harness on 23-2-1992 while working as Sales Tax Officer under the service of the 1st respondent. The petitioner thereupon submitted an application to the 1st respondent on 22-5-1992 for appointment under the dying-in-harness scheme. He had passed B.Sc. Degree examination at the time of application. His request was to appoint him as sales Tax Officer . The representation was returned under Ext. P1 letter pointing out that under G.O. (P) No. 20/92/P and ARD dated 10-4-1992 appointment under dying -in-harness scheme is limited only to lower cadre. The petitioner was directed to submit a fresh application for eligible post. Thereupon the petitioner submitted Ext. P2 r

























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