K. RAMAKRISHNAN Vs. STATE

JUDGEMENT

(1.) Petitioner is a native of Palghat. He is a Non Tamilian, his mother tongue being Malayalam. He is holding the post of Assistant Taluk Supply Officer. He passed the Minority Language Test in Tamil, conducted by the Public Service Commission on 22-10-1969. The result of that test was published in the Gazette dated 27-1-1970. He put in representation dated 3-12-83 for getting benefits on account of his pass in the Minority Language Test, for promotion to the gazetted cadre in a notified linguistic minority area, namely Chittur Taluk and Municipal areas of Palghat Taluk. That representation was rejected by the Director of Civil Supplies. He then went in appeal before the Government. Government declined his request by Ext. P12 order dated 13-6-1984, observing.

(2.) On behalf of the State, a detailed counter affidavit has been sworn to by a Senior Grade Assistant in the Food and Civil Supplies Department, Secretariat. It is conceded therein that petitioner passed the Minority Language Test (Tamil) in the examination conducted by the Public Service Commission on 22-10-1969. It is averred therein that the executive officers now working in the particular areas are having knowledge of Regional language. The post of Taluk Supply Officer is a selection post. There are Special Rules for regulating appointments to the category of Taluk Supply Officer. No test in the minority language has been prescribed in the Special Rules. Petitioner is far junior in the lower category and therefore he cannot claim promotion to the category of Taluk Supply Officer. Since test in minority language is not at all a qualification prescribed in the Special Rules, petitioner cannot have a claim for promotion to the cadre of Taluk Supply Officer, overlooking the legitimate rights of many of his seniors, Officers now working in linguistic minority areas are having working knowledge of minority language of Tamil. Pass in Minority Language Test is not a must for promotion for a junior. There are number of officers in the grade of Assistant Taluk Supply Officer senior to the petitioner who have acquired test qualification in Tamil conducted by the Public Service Commission. Those people are also waiting for promotion to the grade of Taluk Supply Officer. There is no obligation on the part of the Government to give promotion to the petitioner on the ground that he has minority language test, which qualification was discontinued 15 years back. On these basis, it is contended that petitioner is not entitled to any of the reliefs asked for.

(3.) In the counter affidavit, it was stated: -