THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE prayers in this petition are:

(2.) THIS petition was filed on 15th March, 1972 and the order sought to be quashed, Ext. P2, is dated 13th January, 1972. During the pendency of this writ application an order Ext. P 6 was passed on the 11th January, 1974 extending the period granted by Ext. P 2 order to members of the Scheduled Castes and Scheduled Tribes to pass the tests for promotion from the category of lower division clerks to that of upper division clerks from 13th January, 1974 "to cover a period during which two tests are held by the Public Service Commission and the results thereof published. " By an affidavit dated 27th January, 1974 Ext. P 6 order as well as the orders mentioned in paragraph 4 of that affidavit and Ext. P 7 order dated 31st October, 1972 making further promotions are also sought to be set aside.

(3.) THE petitioner is a lower division clerk working in the Registration Department of the State. For becoming eligible to be promoted as upper division clerks on the basis of seniority, the lower division clerks in the department will have to pass (1) Account Test (Lower), (2) Kerala Registration Test and (3) Test in the Manual of Office Procedure. The petitioner had passed all the tests by 2nd November, 1971. In view of certain concessions that were given to the members of the Scheduled Castes and Scheduled Tribes, they Were able to obtain promotions earlier than the petitioner though they had not passed the tests referred to. The Government appears to have given concession after concession to the Scheduled Castes and Scheduled Tribes. These are detailed in paragraph 8 of the affidavit in support of the petition and may usefully be extracted: