RAMAMOORTHY Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question that arises for consideration in these petitions is whether the members of Scheduled Caste and Scheduled Tribe who are having exemption from passing the test under R.13A of the Kerala State and Subordinate Service Rules and extended under R.13AA and 13 AB can avail of that benefit for the purpose of getting their probation also declared. In other words, the question is whether the exemption granted under R.13A of the General Rules which were extended under R.13AA and 13AB gives benefit to the members of Scheduled Caste and Scheduled Tribe to claim promotion as also to get probation declared.

(2.) Since the above common issue arises for consideration in all these Original Petitions, I consider it advantageous to dispose of them by a common judgment.

(3.) Petitioners in these Original Petitions are members of the S.C./S.T. communities. They entered service as Lower Division Clerks in the Kerala State Road Transport Corporation. For promotion to the post of Upper Division Clerk, they were to pass Account Test. They did not pass that test. But by virtue of exemption granted to them under R.13 A, 13AA and 13AB of the Kerala State and Subordinate Service Rules, petitioners were promoted as U.D. Clerks with effect from 13-1-1972. Petitioners passed the Account Test during the period of exemption originally granted which was being extended from time to time. Their services were regularised in the post of U.D. Clerk with effect from the dates of their eligibility. Their due ranks in the cadre of Upper Division clerks were accordingly fixed. They were granted the benefit of further promotion as Special Grade U.D. Clerks, Special Assistants and Superintendents.