V C VALSALA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is working as a Head Clerk in the Commercial Taxes Department of the Government of Kerala and is a member of a Scheduled Caste. According to the Petitioner, by virtue of Rule 13A (1) (a) of KS & SSR the petitioner is entitled to temporary promotion to the post of Commercial Tax Inspector, without having to pass special/ departmental test prescribed by the Special Rules, on the basis of her seniority in the feeder category. THE petitioner complains that a large number of juniors have been given promotion on the basis of test qualification, denying the petitioner her statutory right for temporary promotion as stipulated in the statute. It is in view of the above situation, the petitioner has filed this writ petition seeking the following reliefs:

(2.) THE petitioner contends that the issue posed in this writ petition is squarely covered by Ext.P10 judgment of this Court. THE learned Government Pleader, on instructions, submits that petitioner has now become qualified and therefore, there cannot be any impediment for her regular promotion. But the counsel for the petitioner submits that still the question as to whether the petitioner was entitled to temporary promotion in accordance with Rule 13A (1)(a) of KS & SSR with effect from the date from which it became due to her, still requires to be considered. THE petitioner has already filed Ext.P6 representation in this regard before the 3rd respondent. In the above circumstances, this writ petition is disposed of with the following directions: THE 3rd respondent shall consider and pass orders on Ext.P6 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. While doing so, the 3rd respondent shall consider whether the petitioner is entitled to temporary promotion in accordance with Ext.P10 judgment. If Ext.P10 judgment covers the issue, the petitioner shall be given temporary promotion under Rule 13A with effect from the date when the same become due to the petitioner in accordance with her seniority. THE 3rd respondent shall also consider the question of regular promotion to the petitioner in view of the fact that petitioner has now obtained the test qualification as well. THE regular promotion shall, in any way, be granted to the petitioner with effect from the date when the same become due to the petitioner.