IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
BEDIMON S – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. factual background of the petitioner's service. (Para 1 , 2) |
| 2. court's observations on jurisdiction under article 227. (Para 3 , 10 , 13) |
| 3. arguments regarding promotion and departmental tests. (Para 4 , 6 , 7) |
| 4. considerations on promotion timelines and legal precedents. (Para 15 , 17 , 18) |
JUDGMENT
The applicant in O.A.(EKM)No.448 of 2017 before the Kerala Administrative Tribunal, Additional Bench at Ernakulam, (the ‘Tribunal’ for short) filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the order dated 28.03.2017 passed by the Tribunal in that original application.
“(i) To call for the records leading to Annexure A3 and set aside the same.
(iii) Declare that the petitioner is entitled to get actual, clear and specific period of 3 year after the promotion order under Rule 13A (1)(a) of KS & SSR and any order curtailing the said specific period is illegal and unsustainable in law.
(v) Declare that the statutory period of 3 years for passing the test shall not be calculated from a point of time in the past.
3. By Ext.P2 order dated 28.03.2017, the Tribunal dismissed the original
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