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1986 Supreme(Ker) 364

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


Judgment :-

1. The relevant facts pertaining to all these cases being the same and the relief claimed by the petitioners in all these cases being the same viz., for quashing Exts. P1 and P2 in O. P. No. 3363/82 and for consequential reliefs these cases were heard together and are being disposed of by this common judgment. For the sake of convenience we shall advert to the ranks and exhibits as in O. P. No. 3363/82.

2. The petitioners in all these cases commenced their career as Lower Division Clerks under the respective Municipalities. In due course the petitioners were promoted to the next higher cadre of Upper Division Clerks, they having earned eligibility by passing the prescribed test. Respondents Nos. 3 and 4, viz., B. Amminikutty Amma and R. Bhaskaran Nair though seniors to the petitioners in the cadre of Lower Division Clerks were not considered for promotion to the carde of Upper Division Clerks when the petitioners were promoted, for the reason that they had not earned eligibility by passing the prescribed test. Respondents Nos. 3 and 4 passed the prescribed test after the petitioners came to be promoted to the cadre of Upper Division Clerks on 21-7-1971 and 1-4-1974 respe












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