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Vijayakumar S. Selection Grade Auditor – Appellant
Versus
State of Kerala, Department Of Finance, Secretariat, Thiruvananthapuram – Respondent
P.R. Ramachandra Menon, J.
Whether the petitioners who are now continuing in probation in the post of Selection Grade Auditor are entitled to the benefit of the 1st proviso to Rule 28(a)(i) of Part II KS & SSR and get a declaration that they could not have been superseded by their juniors who had cleared both the Departmental 'Test for declaration of probation' and the 'Test for getting promotion' in the lower post of 'Auditor Gr.I', thus tilting the seniority, is the basic question to be answered in this case.
2. The essential facts revealed from the pleadings and proceedings are that, the petitioners on coming out successful in the process of selection to the post of Auditor Gr.II were appointed assigning the rank based on the date of advice given by the Public Service Commission. Subsequently, on occurrence of vacancies due to cadre restructuring in Auditor Gr.I, the petitioners as well as the contesting respondents were given provisional promotion as per Ext.P1, in terms of Rule 31(a)(i) of the Kerala State and Subordinate Services Rules. Admittedly, no person was d
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