STATE OF KERALA Vs. T.VISWANATHAN

JUDGEMENT

(1.) The Government assails the order of the Tribunal. The Tribunal found that there is an exemption from passing the departmental tests to the posts upto Head Surveyor/Head Draftsman in the Department of Survey and Land Records, which a Division Bench of this Court, in O.P.(KAT) No.172 of 2015 and connected cases dated 22.03.2016 [ State of Kerala & Ors. v. K.Rajan & Ors .], has held as applicable in the appointment to the post of Superintendent of Survey/Technical Assistant since the very same test qualification is prescribed for appointment to those posts.

(2.) The learned Government Pleader submits that the post of Technical Assistant/Superintendent of Survey is in the State service while that of Head Surveyor/Head Draftsman is in the Subordinate Service. The Special Rules prescribe a pass in test as a qualification for promotion and it is not a mere obligatory test. The learned Government Pleader relies on the judgment of another Division Bench of this Court in O.P.No.27211 of 2000 & connected cases dated 07.03.2002 [K.Govindan Unnithan & Ors. v. State of Kerala & Ors.], produced as Annexure R1(a) in the O.A.

(3.) The learned Counsel for the applicant [who is now no more and represented by legal heirs - respondents 2 to 4] relies on the Division Bench judgment of this Court in State of Kerala v. Chathan [2005 (1) KLT 75] and the said Division Bench decision was referred to in the subsequent decision in K.Rajan [O.P (KAT) No.172 of 2015 dated 22.03.2016].