Kerala High Court
The Secretary To Government vs Rajaram R on 18 December, 2018
Bench: C.T.Ravikumar, V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 18TH DAY OF DECEMBER 2018/27TH AGRAHAYANA, 1940
OP(KAT).No. 441 of 2018
AGAINST THE ORDER IN O.A.No.1580/2014 of KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 18-11-2016
PETITIONERS/RESPONDENTS 1 & 2 IN O.A:
1 THE SECRETARY TO GOVERNMENT
PUBLIC WORKS DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM.
2 THE CHIEF ENGINEER (ADMINISTRATION)
PUBLIC WORKS DEPARTMENT,PUBLIC OFFICE,
THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH
RESPONDENT/APPLICANT IN O.A:
RAJARAM R., ASSISTANT ENGINEER,
I & P (ROADS, SECTION NO.1, PMG,
THIRUVANANTHAPURAM-4,(SREEVENI BHAVAN,NEAR
I.T.I.ATTINGAL,THIRUVANANTHAPURAM DISTRICT
PIN 695 101)
THIS O.P KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 18.12.2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
O.P.(KAT)NO.441 OF 2018 2
JUDGMENT
Ravikumar, J.
This original petition is filed against the order dated 18.11.2016 in O.A.No.1580 of 2014 passed by the Kerala Administrative Tribunal. The issue involved is whether the exemption available under Rule 13A of the Kerala State & Subordinate Service Rules to scheduled caste communities is applicable to promotion tests as also probation tests. This question is no longer res integra in the light of the decision in Ansad S. v. State of Kerala and Others (2016 (2) KHC 524) wherein a Division Bench of this Court held that the provision thereunder, providing for exemption, is available to persons belonging to scheduled caste communities in respect of promotion tests as also probation tests. In the light of the said decision we do not find any reason to interfere with the order dated 18.11.2016. In the said circumstances, this original petition is liable to fail and accordingly, it is dismissed.
Sd/-
C.T.RAVIKUMAR Judge Sd/-
V.G.ARUN Judge TKS O.P.(KAT)NO.441 OF 2018 3 APPENDIX PETITIONERS' EXHIBITS:
EXT.P1: TRUE COPY OF THE O.A. ALONG WITH ANNEXURES. EXT.P2: TRUE COPY OF THE REPLY STATEMENT ON BEHALF OF THE 1ST PETITIONER DATED 11.08.2015.
EXT.P3: TRUE COPY OF THE ORDER IN O.A.NO.1580/2014 DATED 18.11.2016.
RESPONDENT'S EXHIBITS: NIL TKS