K.A. MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Original Petition the petitioner seeks to quash Ext P2 by which the 2nd respondent was promoted provisionally as Accounts Officer on Rs. 750-1450 under R.31(a)(1) of the General Rules and posted to Medical College, Trichur. He has also prayed for the issue of a Writ of Mandamus directing the 1st respondent to promote the petitioner to the cadre of Accounts Officer, Grade I, (Rs. 750-1450) in preference to his juniors in service including respondents 2 and 3.

(2.) The petitioner has been working as Senior Superintendent/ Accounts Officer, Grade II, with effect from 7-11-1975, The 2nd respondent was promoted as Senior Superintendent and has been working as such since 1-4-1978, while the 3rd respondent was promoted as Senior Superintendent with effect from 30-11-1979. The petitioner thus is the senior most hand in the cadre of Senior Superintendent Accounts officer.

(3.) The petitioner contends that he does not possess the "Account Test ("Higher)" qualification. However, according to him, he is duly qualified to hold the post of Accounts Officer, Grade I, because he is entitled to the benefit of exemption envisaged under R.13B of the Kerala State and Subordinate Services Rules. In other words, though he does not possess the special qualification of "Account Test (Higher)" prescribed by the Special Rules notified by G. O. (P) No. 464 dated 28-11-1966, he is eligible for permanent exemption from acquiring the said qualification as he has attained the age of 52 years and has also put in more than 25 years of service as envisaged under R.13B of the Kerala State and Subordinate Services Rules. The petitioner, in these circumstances, should have been promoted as Accounts Officer, Grade I, in the place of the 3rd respondent who is junior in service to the petitioner.