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2022 Supreme(Ker) 963

ANU SIVARAMAN
NIROOP RAJ K. P. S/O LATE K. V. PURUSHAN – Appellant
Versus
COCHIN PORT TRUST – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.M. BENZIR.
For the Respondents: M. GOPIKRISHNAN NAMBIAR, KURYAN THOMAS, K. JOHN MATHAI, JOSON MANAVALAN, PAULOSE C. ABRAHAM, RAJA KANNAN.

JUDGMENT :

ANU SIVARAMAN, J.

1. This writ petition is filed challenging Exhibit P9 order by which the promotions granted to the petitioner to the posts of Shed Writer, Tally Supervisor, Shed Foreman and Assistant Wharf Superintendent were cancelled and the petitioner was directed to be reverted to the post of Shed Clerk. The learned counsel for the petitioner submits that the petitioner was appointed as Shed Clerk which is a Class III post in the Wharf establishment under the first respondent by Exhibit P1 order dated 20-07-2011. The appointment of the petitioner was under the dying in harness Scheme and the order specifically states that he will be on probation for a period of two years from his appointment and that he should produce the enclosed declaration form with regard to his marital status duly signed at the time of joining duty. The petitioner joined duty pursuant to Exhibit P1. His probation was declared. Thereafter by Exhibit P2 order, he was promoted as Shed Writer with effect from 21-07-2014. By Exhibit P3 dated 30-06-2016, the petitioner was promoted as Tally Supervisor on regular basis with effect from 21-07-2016 in an existing vacancy. Thereafter, he was promoted as S

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