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Kerala High Court

P.K.Raveendran vs State Of Kerala And Others on 5 March, 2010

Author: C.T.Ravikumar

Bench: C.T.Ravikumar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7174 of 2010(V)



1. P.K.RAVEENDRAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA AND OTHERS
                       ...       Respondent

                For Petitioner  :SRI.MURALI PURUSHOTHAMAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :05/03/2010

 O R D E R
                        C.T.RAVIKUMAR, J.
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                     W.P.(C)No. 7174 OF 2010
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               Dated this the 5th day of March, 2010

                              JUDGMENT

The petitioner is a Junior Assistant presently working in the Kerala State Civil Supplies Corporation Limited on deputation from the Civil Supplies Department. In the parent department he is holding the post of Lower Division Clerk. For getting promotion to the post of Upper Division Clerk, passing of obligatory departmental tests are mandatory. The claim of the petitioner is that by virtue of Rule 13 B Part II of KS & SSR, the petitioner is entitled to get permanent exemption from passing the obligatory departmental tests for promotion. The petitioner has also placed reliance on Ext.P5 Government Order dated 17.02.04, wherein under similar circumstances a similarly situated person was granted exemption from passing the obligatory departmental tests for promotion by virtue of the 3rd proviso to Rule 13B of KS & SSR.

2. The petitioner has filed Ext.P7 representation before the 1st respondent. A perusal of Ext.P7 would reveal that it is W.P.(C)No. 7174 OF 2010 -:2:- addressed to the Chief Secretary. Normally, such representations received by the Chief Secretary would be transmitted to be considered by appropriate Secretary, in this case the 2nd respondent. In case Ext.P7 has not already been transmitted to the 2nd respondent, the 1st respondent shall forward Ext.P7 to be considered by the 2nd respondent within a period of one month. On receiving Ext.P7 the 2nd respondent shall consider the claims of the petitioner in the light of Ext.P5 Government Order and the provisions under Rule 13B of KS & SSR expeditiously and at any rate within one month thereafter.

The Writ Petition is disposed of as above.

C.T.RAVIKUMAR, JUDGE ttb