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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Kerala Civil Judicial Staff Organisation (Kcjso) State Committee – Appellant
Versus
State Of Kerala, Represented By The Chief Secretary – Respondent
| Table of Content |
|---|
| 1. petitioners seek temporary promotions under rules. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. restrictions on temporary promotions under existing circulars. (Para 7 , 8 , 20 , 21 , 22 , 23) |
| 3. government's discretion on temporary promotions. (Para 9 , 10) |
| 4. interchangeability of posts for promotion. (Para 11 , 24) |
| 5. temporary promotions granted considering exigencies. (Para 12 , 25 , 26 , 27 , 28) |
JUDGMENT :
1. The 1st petitioner is an organisation of staff members of the Civil Judicial Department in Kerala. Petitioners 2 to 16 are working in non-gazetted posts in the Civil Judicial Department in various Districts. The petitioners seeks to declare that Rule 8 of the Kerala Judicial Ministerial Subordinate Service Rules will override Exts.P6 and P7. The petitioners seek to allow temporary promotions to the petitioners under the Rules, 1975.
3. The High Court issued Ext.P2 OM dated 02.03.2023 clarifying that as per Rule 28(a), declaration of probation is a pre-requisite for promotion. Ext.P2 stated that though as per Rule 28(a), declaration of probation is a pre- requisite for promotion and though as per Rule 31, temporary promotions can be granted under exigencies, there is a ban
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