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A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
Sajeev N – Appellant
Versus
Anumol P S, D/O K K Soman – Respondent
JUDGMENT :
P.Krishna Kumar, J.
On 21/10/2023, the Government of Kerala issued an order granting a one-time exemption to the State Government employees who had not passed departmental tests which are necessary for promotion in the wake of the COVID-19 pandemic on conditions that, (a) the exemption would apply only to those who had applied for the departmental tests in the year 2020 and 2021 but failed to acquire the test qualification, and (b) that they should acquire the test qualification in the very next departmental tests. If those conditions are satisfied, they will be given a promotion, effective from the date the juniors have been granted a promotion. The validity of the said order is the subject matter of this petition.
2. The circumstances in which the said order was passed are described in Annexure A9 order. The government received representations from employees and organisations that, owing to the outbreak of COVID-19, various employees lost their opportunity to attend the departmental tests, and accordingly, they lost seniority to those who had already passed the test qualification. The government further stated in Annexure A9 that several junior employees had overtaken the
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