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2010 Supreme(Ker) 110

K.BALAKRISHNAN NAIR, P.N.RAVINDRAN
T. K. Karunadas, Technical Assistant, Information Centre, Kerala Archaeology Department – Appellant
Versus
K. R. Sona – Respondent


Advocates Appeared:For the Petitioners:Elvin Peter P.J., Pooja Surendran, Advocates. For the Respondent:O.V. Radhakrishnan (Sr.), N.D. Premachandran, Mohammed Niyaz, Advocates, Benny Gervasis, Government Pleader.

Judgment :-

C.R.

Balakrishnan Nair, J.

The 4th respondent in the writ petition is the appellant. The writ petitioner is the first respondent herein.

2. The brief facts of the case are the following:

The first respondent joined the Archaeology Department, as Museum Assistant, on 28.11.1986. In due course, her probation was declared. The Special Rules(Recruitment Rules) governing qualifications and method of appointment to the posts in the said Department, both in the State Service and the Subordinate Service, were issued by the Government on 3.1.2000, as per G.O.(P) No.3/2000/CAD and G.O.(P) No.2/2000/CAD, respectively. (State service covers gazetted posts and Subordinate service covers non-gazetted posts in the department) As per the Special Rules, the post of Museum Assistant is a feeder category for promotion to the post of Manager, which is category No.8 in the Special Rules for the Kerala Archaeological Subordinate Service. The next higher posts are Research Assistant (Folklore) and Research Assistant (Numismatics). The method of appointment to these posts is by direct recruitment. Category No.2, Field Assistant(Malabar Survey) is the promotion post of Manager. The post of Field






































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