KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the petitioners who failed to meet the requirements in clearing the departmental test and obtained promotion in terms of Rule 13A of Part II, KSSSR are entitled to be granted any exemption sought for with reference to Rule 39 of the said Rules as a matter of right, is the point to be considered by this Court.

(2.) The petitioners herein who belong to SC/ST communities respectively joined the service of the respondents as 'LDC' in the year 2002 and 2001 respectively. The petitioners were given promotion as UDC in the year 2007, invoking Rule 13A of the above Rules, giving a march over the seniors, subject to the condition that they would clear the departmental test within three years. Annexure A1 is the promotion given to the first petitioner, whereas Annexure A2 is the promotion in the case of the second petitioner.

(3.) While they were continuing in service as above, the petitioners were served with Annexures A3 and A4 show-cause notices as to why they shall not be reverted for not having cleared the departmental tests. It was answered by the petitioners by submitting Annexure A6 reply, wherein it was pointed out that the first petitioner had already cleared all the Departmental tests in January 2013 and that the second petitioner had cleared the same in January, 2016. The replies were considered but found unsatisfactory and accordingly, Annexure A7 order of reversion was passed, which was subjected to challenge in O.A.No.778 of 2015