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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
KERALA KHADI AND VILLAGE INDUSTRIES BOARD – Appellant
Versus
K.C.JAYASREE – Respondent
JUDGMENT :
Muralee Krishna, J.
These writ appeals are filed under Section 5(i) of the Kerala High Court Act, 1958 by respondents 2, 3 and 4 in W.P.(C) Nos.137 of 2021, 28540 of 2020 and 27474 of 2023, respectively, challenging the common judgment dated 26.03.2024 passed by the learned Single Judge in those writ petitions whereby Order No.KB2809/2020/EI(A) dated 14.12.2020 issued by the 2nd appellant Secretary of Kerala Khadi and Village Industries Board (‘Board’ in short) is quashed and declared that the petitioners in those writ petitions are eligible to be considered for appointment to the post of LD Clerk in the 10% quota earmarked for by-transfer appointments, in accordance with the Rules. In the impugned judgment, the learned Single Judge directed the appellants to draw up a seniority list of low-paid employees and grant promotions according to their seniority and in terms of the Rules. It was further held by the learned Single Judge that non-inclusion of the post of Spinning/Weaving instructors in the Regulations, 2006, cannot stand in the way of petitioners in the writ petitions being considered for promotion. Since the issue to be decided in these writ appeals is the same, th
The court determined that Spinning/Weaving Instructors are not classified as low-paid employees, thus ineligible for promotion under the 10% quota reserved for such employees.
The distinction between 'appointment' and 'promotion' is crucial, allowing for different legal interpretations and applications of rules regarding suitability tests.
Eligibility for recruitment by transfer must be maintained until appointment is finalized, disqualifying candidates with higher pay scales.
2nd proviso to Rule 185(1) is that if all employees in feeder category to a post relinquishes promotion, then an employee in immediate lower category shall be promoted to feeder category.
Employment and Service matter - Assistant Engineers - Appointment of - Provisions of ‘Appointment by Transfer’ was restricted to count one third of service rendered by Junior Engineers prior to appoi....
Management's promotion decision violated Article 14 by lacking rational classification and bypassing established promotion channels under the National Coal Wage Agreement.
The court ruled that the government cannot prescribe qualifications for recruitment that contravene existing statutory provisions, emphasizing the supremacy of legislative authority over executive or....
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