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1987 Supreme(Ker) 207

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


Judgment :-

1. These appeals are directed against the judgment of the learned single judge in O.P.Nos. 323/84 and 9988/83. The contesting respondents in these cases are admittedly members belonging to Scheduled Caste. They were promoted to the cadre of Upper Division Clerks sometimes in the year 1976 eventhough they had not then passed the prescribed qualifying test as they had the benefit of exemption for the period specified in R.13 (AA) of Kerala State and Subordinate Services Rules (hereinafter referred to as the rules). Before the expiry of the time for passing the tests they have also passed the tests prescribed for earning eligibility for promotion to the cadre of Upper Division Clerks. Subsequently, a proposal was made to the effect that they should be given deemed anterior dates of promotion on the ground that there were vacancies at an earlier point of time some time in the year 1972 when these schedules caste candidates could have been promoted there being no other eligible candidates for being considered for promotion. Hence a proposal was made to give them deemed dates of promotion with effect from 1972 itself. Objections were called for and some of the appellants file





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