T.R.RAMACHANDRAN NAIR
N. Asokan, Private Secretary to Judge – Appellant
Versus
State Of Kerala, Represented By Addl Chief Secretary and Secretary to Government – Respondent
1. In this writ petition the petitioners are aggrieved by the conditions imposed in Ext.P1 order passed by the Government while sanctioning 90 additional posts in the High Court of Kerala. The sanction was ordered subject to the condition that "out of the sanctioned and existing posts, only so many shall be operated (i.e. filled up) as are commensurate with the number of Judges actually in position. This reduced strength should alone be taken not only for recruitment in the entry cadre posts, but also for filling up posts by promotion."
2. The petitioners are now working in the cadre of Private Secretary to Judge in the High Court service. Their service conditions are governed by the Kerala High Court Service Rules, 2007 (for short 'the Rules'). As per the said rules the post of Private Secretary is in Category 1, Sub Division (6) of Division 1 under Rule 4 of the Rules. The next promotion is to the post of Private Secretary to Judge (Higher Grade) in Category 1, Sub Division (6) of Division 1. It is stated that they are the seniormost persons in the category of Private Secretary to Judge, eligible and entitled for promotion as Private Secretary to Judge (Higher Grade) i
2. Andhra Pradesh v. V.A. Dikshitulu and others (AIR 1979 SC 193)
4. Non-Graduate Staff Association v. State of Kerala (1997 (2) KLT 665)
8. Rajendra and others v. State of Rajasthan and others {(1999) 2 SCC 317}
9. State of U.P. v. Section Officer Brotherhood and another {(2004) 8 SCC 286}
5. State of U.P. and another v. C.L. Agrawal and another {(1997) 5 SCC 1)
7. Valsalakumari v. State of Kerala (2007 (3) KLT 805)
1. M. Gurumoorthy v. The Accountant General
3. Union of India and another v. S.B. Vohra and others {(2004) 2 SCC 150}
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