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2015 Supreme(Online)(KER) 4854

HIGH COURT OF KERALA
ASHOK BHUSHAN, CJ, A.M.SHAFFIQUE, J
S AJI AND ANOTHER – Appellant
Versus
AJAYAKUMAR B U D CLERK DIRECTORATE – Respondent


J U D G M E N T

Ashok Bhushan, Ag. C.J.

These two Writ Appeals have been filed against the common judgment dated 09.12.2010 in W.P(C) Nos.4643 and W.P(C) No. 10475 of 2010. W.A. No.138 of 2011 is being treated as the leading Writ Appeal and reference of pleadings in W.P(C) No.4643 of 2010 shall suffice in deciding both the Writ Appeals. Appellants in both the appeals were respondents in the Writ Petitions. Parties shall hereinafter be referred to as described in the respective Writ Petitions.

2. Brief facts giving rise to W.P(C) No.4643 of

2010 (Nazarudeen A. and Others v. State of Kerala and Others) are: Petitioners, five in number, were appointed as Lower Division Clerks on the advice of the Kerala Public Service Commission in the Department of Technical Education. Petitioners were advised by the Kerala Public Service Commission on 08.08.1990, 01.12.1990, 01.12.1990, 18.01.1991 and 27.01.1991, respectively in pursuance of which they were appointed in different Districts of the State. A final seniority list of Lower Division Clerks and Upper Division Typists who were eligible for promotion as Upper Division Clerks was published vide Circular dated 10.10.1996. Respondents 3 and 4 were

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