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1986 Supreme(Ker) 97

V.SIVARAMAN NAIR
GOPALAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Petitioner entered service as a Second Grade Surveyor on the advice of the Public Service Commission on 29-12-1961. He was promoted as First Grade Surveyor on 7-8-1965. That promotion was regularised with effect from 26-10-1965. He was further promoted as Head Surveyor on 2-11-1973. He is continuing in that post now. In Ext.P5 order dated 14-4-1970 ordering promotions, transfers and postings of Head Surveyors, juniors of the petitioner are said to have been promoted as Head Surveyors. Some more were so promoted in Ext.P6 order dated 20-5-1971. Admittedly, petitioner had not acquired necessary test qualifications for such promotion by that time. It is asserted that 20 of his juniors were promoted as Head Surveyors between 1969 and 3-10-1972. A list of Head Surveyors as on 1-1-1974 was published pursuant to a decision of this court in O.P.No. 2368 of 1973 along with Ext.P12 dated 3-11-1985. Petitioner submits that that list contains a lot of mistakes. There was some dispute relating to the period during which the officers had acquired test qualifications prescribed by the Rules. That controversy arose due to the judgment of this court in W.A.No. 43 and 45 of 1982. A pr





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