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2022 Supreme(Ker) 446

A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
Mehaboob P. M. , S/o. P. M. Ismail Sahib – Appellant
Versus
State Of Kerala, Represented By the Secretary, Agriculture (E. A. ) Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B.Mohanlal, P.S.Preetha, Shine N.S, Karthik J Sekhar
For the Respondent: S. Muhammed Haneeff, Ramakrishnan P, Mary Beena Joseph, Sri. Bijoy Chandran, Government Pleader

JUDGMENT :

Mohammed Nias. C.P., J.

These original petitions (KAT) are filed against the order in OA (EKM) 555 of 2021 dated 15.12.2021. OP(KAT) 103 of 2022 is filed by the State of Kerala and its officials, while OP(KAT)123 of 2022 is filed by those persons who unsuccessfully filed a review against the impugned judgment before the Tribunal.

2. The applicant in OA No.555 of 2021, a Mechanic in the Agricultural Development and Farmers Welfare Department, a post which is included as a feeder category for promotion as Assistant Engineer (Agriculture), approached the Tribunal against the non-filling up of three vacancies of Assistant Engineer (Agriculture) available for promotion. Earlier, the qualification and method of appointment to the post of Assistant Engineer (Agriculture) was laid down as per executive orders dated 7.3. 1990, Annexure A1, which was later amended as per Annexure A2 order dated 05.05.1993. Alleging that the applicant was included in Annexure A3 select list of the employees eligible for promotion in the year 2012 and stating that vacancies have arisen on 31.05.2017, 30.04.2019 and 05.11.2020, the appellant sought convening of the Department Promotion Committee (DPC) f

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