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2026 Supreme(Online)(Ker) 13905

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
RAJIV JAYARAJ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.LAKSHMI RAMADAS, SRI.P.RAVINDRAN (SR.), SRI.M.R.SABU, SMT.APARNA RAJAN, SRI.SREEDHAR RAVINDRAN
For the Respondents: SRI.K.R.GANESH, SRI.V.PHILIP MATHEWS, SRI.MATHEWS PHILIP V., SRI.RADHAKRISHNAN E., SMT.ATHULYA SEBASTIAN, SRI.K.P.HARISH

Table of Content
1. background of writ appeal (Para 1 , 2)
2. contentions of the appellant (Para 3 , 5)
3. contentions of respondents (Para 4 , 6)
4. issues for consideration (Para 8 , 9 , 11)
5. analysis of court's findings (Para 12 , 13 , 14)
6. conclusion & order (Para 15)

JUDGMENT

Syam Kumar V.M., J.

2. The W.P.(C) was filed by the appellant, contending that despite being entitled to promotion to the cadre of District and Sessions Judge with effect from the relevant due date, respondents 2 to 4 had failed and refused to grant such promotion to restore his seniority over respondents 5 to 43. The following prayers were sought in the W.P.(C) :

b. issue a writ of certiorari or other appropriate writ order or direction quashing Exhibits P16 and P22 to the extend they supersede the petitioner ;

d. to declare that the petitioner is entitled to be promoted as Sub Judge/Chief Judicial Magistrate with effect from 12.03.2014 on substantial basis and to be assigned seniority above all personnel who were juniors to him in the feeder category with all consequential benefits including arrears of pay and allowances, and to issue a writ of mandamus or other appropriate writ order or direction commanding r

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