JAYAKUMAR G Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the applicant before the Kerala Administrative Tribunal herein after referred to as a "Tribunal". The petitioner was appointed as a Lower Division Clerk on 3-9-1994. His probation was declared on 3-9-1996. He was promoted as U.D. Clerk on 30-7-2002. The petitioner is a member of Scheduled Caste community. It is his case that being a member of the Scheduled Caste community even though he had not passed the departmental tests till 30-5-2002, he was entitled to be temporarily promoted under Section 13A1(a) of KSSR. It is his further complaint that his juniors were promoted by proceedings dated 1-12-1999 (Annexure A-2 in the application). Respondents 4 and 5 were promoted thereunder. The 3rd respondent came to be promoted by Annexure A-3 dated 29-7-2000. The 3rd respondent is also a member of the Scheduled Caste. Respondents 3 to 5 are juniors of the petitioner in the cadre of LD Clerk. Annexure A-4 is the State wise final seniority list. The petitioner represented against the denial of benefit of temporary exemption provided under Section 13A(1). Thereafter he was included in the revised final seniority list of UD Clerk/SVO for the period from 1-6-1996 to 31-12-2000 as Rank No. 2306 with the assigned date 11-11-1999. He was not satisfied with the said seniority. According to him respondents 3 to 5 were his juniors who were placed above him. Against Annexure A-6 seniority list in which he was shown at Rank No. 2306 with assigned date 11-11-1999, the petitioner filed Annexure A-8 representation. Thereafter there is reference to proceedings in the High Court directing revision of provisional lists. He would state that in Annexure A-9 provisional seniority list his position was shown correctly. Applicant was in Annexure A-9 shown as Serial No. 7152 which was done according to him after granting benefit of Rule 13A1(a), respondents 3 to 5 were shown as assigned Rank Nos. 7154, 7156 and 7161. But it is a case of the petitioner that in the final seniority list published as Annexure A-10 respondents 3 to 5 had been given Rank No. 7051, 7053 and 7057 whereas the petitioner is given Rank No. 9449. The applicant/petitioner filed appeal under Rule 27B before the Government (Annexure A-11). The same was rejected by Annexure A-12. He filed Annexure A-13 representation and that is rejected by Annexure A-14. It is in the said circumstances the petitioner filed the Original Application before the Tribunal seeking the following reliefs:

(2.) The Tribunal dismissed the application and took the following view:

(3.) We heard the learned counsel for the petitioner and the learned Government Pleader.