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2022 Supreme(Ker) 49

ALEXANDER THOMAS, VIJU ABRAHAM
State of Kerala, Represented By Its Secretary, General Education – Appellant
Versus
Subeer. N. S. , Junior Superintendent, Office of The District Educational Officer – Respondent


JUDGMENT :

Viju Abraham, J.

Respondents 1 to 3 in O.A. (Ekm) No.1237 of 2015 before the Kerala Administrative Tribunal, Ernakulam Bench have filed the present Original Petition challenging Ext.P3 final order of the Tribunal dated 01.02.2021.

2. The brief facts necessary for the disposal of the present O.P are as follows: The applicant entered service as L.D Clerk in the Education Department on 08.08.1988. Later the applicant passed all the departmental tests for promotion to the post of U.D Clerk. While so, the applicant availed leave without allowance for the period from 07.03.2000 to 28.01.2004. The 3rd respondent in the O.A issued an order dated 31.05.2006 promoting qualified L.D Clerk in the vacancy of U.D Clerk available up to 29.12.2004. The applicant was Serial No.35 with the assigned date of promotion as 10.03.2003. The said order dated 31.05.2006 was revised by the 3rd respondent as per Annexure-A1 proceedings dated 15.09.2006 by which all qualified L.D Clerks, who entered in service on or before 31.12.1992 and who were included in the seniority list of L.D Clerks for the period 1989-1992 or before, were ordered to be promoted as U.D Clerk. Thereupon, the applicant was ranked

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