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2014 Supreme(Ker) 289

K.M.JOSEPH, K.ABRAHAM MATHEW
G. Jayakumar – Appellant
Versus
State of Kerala, represented by The Secretary To Government – Respondent


Advocate Appeared:
For the Petitioner:S.P. Aravindakshan Pillay, L. Annapoorna, N. Santha, K.A. Balan, Peter Jose Christo, S.A. Anand, Advocates.
For the Respondents: R1 & R2, C.R. Syamkumar, Sr. Government Pleader.

Judgment

K.M. Joseph, J.

1. The petitioner is the applicant before the Kerala Administrative Tribunal herein after referred to as a “Tribunal”. The petitioner was appointed as a Lower Division Clerk on 3.9.1994. His probation was declared on 3.9.1996. He was promoted as U.D clerk on 30.7.2002. The petitioner is a member of Scheduled Caste community. It is his case that being a member of the Scheduled Caste Community even though he had not passed the departmental tests till 30.5.2002, he was entitled to be temporarily promoted under Section 13A1(a) of KSSR. It is his further complaint that his juniors were promoted by proceedings dated 1.12.1999 (Annexure-A2 in the application). Respondents 4 and 5 were promoted thereunder. The 3rd respondent came to be promoted by Annexure-A3 dated 29.7.2000. The 3rd respondent is also a member of the Scheduled Caste. Respondents 3 to 5 are juniors of the petitioner in the cadre of LD Clerk. Annexure A4 is the State wise final seniority list. The petitioner represented against the denial of benefit of temporary exemption provided under Section 13A(1). Thereafter he was included in the revised final seniority list of UD Clerk/SVO for the period from 1




































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