T RAJENDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE simple issue raised in this writ petition pertains to the claim made by the petitioner for promotion to the U.D.cadre with effect from the date of occurrence of the vacancy. It is admitted in the counter affidavit at para 10 that the petitioner was qualified for promotion to the cadre of U.D.Clerk on 11.11.1985 and respondents 4 to 19 became qualified only on 13.11.1985. It is also stated at Para 10 that the 22 vacancies occurred in the department on 15.11.1985 were filled up with seniormost fully qualified persons, including the petitioner on the basis of the rank in the seniority list of L.D.Clerks. THEre is no dispute that in the L.D. cadre, petitioner is junior to respondents 4 to 19. THE question is whether the claim of the petitioner for promotion with effect from the date of occurrence of the vacancies and from the date when he became qualified should be considered or not. At Para 6 of the counter affidavit it is admitted that there were 176 vacancies in the cadre of U.D.Clerks as on 16.9.1985. THE relevant portion reads as follows:

(2.) IN view of th admitted position in the counter affidavit that the petitioner was fully qualified on 11.11.1985 and there were vacancies as on 11.11.1985, the petitioner is entitled for promotion to the U.D.cadre as on 11.11.1985. Accordingly, the writ petition is disposed of directing the respondents 1 and 2 to recast the seniority of the petitioner giving the U.D date of the petitioner as 11.11.1985. The needful in this regard shall be done within a period of three months from the date of production of a copy of this judgment. Needless to say that all the consequences based on the promotion will also follow.