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2017 Supreme(Online)(Ker) 31752

KERALA HIGH COURT
A. K. Jayasankaran Nambiar, J
W.P.(C)No.17826/2008 – Appellant
Versus
W.P.(C)No.10117/2008 – Respondent


Table of Content
1. nature of the promotion challenge and overview of tribunal proceedings. (Para 1 , 4 , 5)
2. arguments regarding promotions and procedural adherence. (Para 6 , 9 , 11)
3. explanation of legal principles applied to the case. (Para 10 , 16 , 19)
4. conclusion asserting the order's conditional modifications. (Para 22 , 23 , 24)

1. The challenge involved in both these writ petitions is against the common order dated 05/03/2008 in O.A.No.571 of 2005 passed by the Central Administrative Tribunal, Ernakulam whereby the promotion exercise effected by the Department giving the benefit of reservation in respect of the re - structured vacancies in the cadre of ECRC GR.I (Enquiry Cum Reservation Clerk) came to be intercepted, giving positive direction to have the Departmental Promotion Committee convened again, to set the track properly in tune with the law declared by the Apex Court to the effect that there cannot be any reservation for promotion pursuant to the re - structuring exercise, if it has not resulted in any additional vacancies (so as to be made applicable to the additional vacancies).

2. W.P.(C)No.10117 of 2008 has been filed by Respondents 12 and 13 in the above O.A.































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