DIRECTOR OF PANCHAYATS Vs. AJAYAKUMAR

JUDGEMENT

(1.) Respondent here in has preferred O.P. No. 9371 of 2002 seeking a writ of certiorari to quash Ext. P4 order p assed by the Director of Panchayats and also a writ of mandamus directing the first respondent to assign seniority to him in the cadre of U.D. Clerk in accordance with order dated 25-03-1991 passed by the Director of Municipal Administration and also for other consequential reliefs. Learned single judge quashed Ext. P4 and declared that the petitioner is entitled to get seniority as U.D. Clerk in the Panchayat Common Service from 25-03-1991, the date of Ext. PI order of promotion as U.D. Clerk.

(2.) Government Pleader Sri. Benny Gervasiz submitted that the learned single judge overlooked the fact that the petitioner was not test qualified when persons who were in Panchayat Common Service in Ernakulam district along with the petitioner were promoted as U.D. Clerk on 18-07-1990 and 31-08-1990 and none of the petitioner's juniors were promoted as U.D. Clerk in Ernakulam district after the petitioner became test qualified. When Koothattukulam Grama Panchayat was upgraded as Municipality and that the petitioner had given his option to come to Municipal Common Service and the same was accepted by the Government.

(3.) Sri. Jaju Babu, counsel for the petitioner, on the other hand referred to Ext. P1 order dated 25-03-1991 and submitted that so long as the said order is not set aside or nullified petitioner is entitled to get the benefit of that order. Counsel submitted that as per Ext. PI the only condition for availing of promotion is to pass Municipal Test in four chances and the petitioner had passed Municipal test in November 1989. In other words, counsel submitted that the petitioner had obtained the qualification within the time limit prescribed in Ext. PI. Consequently he was given promotion as U.D. Clerk in the Municipal Common Service which benefit he is entitled to carry when he came back to Panchayat on redesignation of the Municipality as Panchayat. Learned Counsel also referred to the Judgment in Shaji v. State of Kerala,1999 1 KerLT 774.