RAGHAVAN Vs. EXECUTIVE OFFICER TRIPUNITHURA

JUDGEMENT

(1.) The petitioner seeks to quash Exts. P-3 and P-4 orders passed by the Executive Officer of Tripunithura Panchayat and the Deputy Director of Panchayats, Ernakulam. The petitioner was working as a Bill Collector in the Tripunithura Panchayat. He was originally appointed as a Peon. At that time, he had not passed S.S.L.C. examination. There were two permanent posts of Bill Collectors in the said Panchayat. On 20-3-1963, the Director of Panchayats sanctioned one temporary post of Bill Collector and the petitioner was posted to that post with effect from 1-4-1963. Since then, he has been working in the Panchayat for various periods mentioned in para 4 of the petition. According to him, he has been continuously working as Bill Collector from 27-5-1968.

(2.) The 4th respondent was appointed as a Sweeper (contingent) in the same Panchayat He passed the S.S.L C. examination and was subsequently promoted as Bill Collector, after the petitioner's promotion as Bill Collector. The petitioner submits that he is senior to the 4th respondent in the category of Bill Collector. The minimum general educational qualification prescribed for the post of Panchayat Assistant is S S.L.C The petitioner failed in the S.S.L.C. examination though he appeared for the same. However, he appeared for the eligibility test prescribed for the Bill Collectors who did not pass S.S.L.C. examination conducted by the Director of Panchayats and passed the same. The result of the examination was published in the Kerala Gazette dated 27-2-1973. He thus became qualified fully to hold the post of Panchayat Assistant from 27-2-1973.

(3.) A maternity leave vacancy of Panchayat Assistant arose in the said Panchayat on 20-11-1972. At that time the petitioner was not qualified, and therefore, the 4th respondent was promoted provisionally, who continued in that post till 19-2-1973 Thereafter, he was reverted to the post of Bill Collector.