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2024 Supreme(Ker) 683

SATHISH NINAN
Rasha K – Appellant
Versus
Kerala State Beverages (M&M) Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.PRAVEEN KUMAR, S. P. ARAVINDAKSHAN, PILLAYN.SANTHA(S-176), V.VARGHESE(K/514/1996), PETER JOSE CHRISTO(K/1216/2004), S.A.ANAND(K/1216/2006), K.N.REMYA(K/712/2010), L.ANNAPOORNA(K/952/2013)
For the Respondent: SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.
SHYAM KUMAR K.T., SRI.U.BALAGANGADHARAN, HARISH R. MENON(K/245/1999), K.N.ABHA(K/281/1996), A.G.PRASANTH(K/525/2014), ALEENA SEBASTIAN(K/737/2022), MARY HEDWIG BABY(KAR(P)/4559/2022)

JUDGMENT :

THE HONOURABLE MR. JUSTICE SATHISH NINAN

Dispute regarding inter-se seniority between the petitioner and respondents 4 to 10, in the post of Assistant Manager/Accountant in the first respondent, Kerala State Beverages (M&M) Corporation Ltd., is the subject matter of this writ petition.

2. The petitioner entered the services of the first respondent on 12.12.2011 as Assistant Gr.-II. Her probation was declared on 11.12.2012. She was promoted as Assistant Gr.-I with effect from 12.12.2012. As per proceedings dated 24.07.2014, the probation was declared with effect from 26.12.2013. Assistant-I is the feeder category of Assistant Manager/Accountant. Rule 38 of the Special Rules of the Corporation stipulates the qualification for the post of Assistant Manager/ Accountant, by promotion as, “I class M.Com/ MBA/Inter ICWA/Inter CA/holding certificate proving successful pass in training conducted by the IMG”. The petitioner had obtained MBA degree and was duly qualified as on the date of declaration of probation. On declaration of probation she became eligible for promotion. According to the petitioner, although eleven vacancies of Assistant Manager/Accountant existed in the Corporat

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