STATE OF KERALA Vs. SUCHITHRA

JUDGEMENT

(1.) The point that arises for decision in this appeal is, whether a Senior Grade Assistant in the Secretariat Subordinate Service has to complete one year's service before she is promoted to the post of Selection Grade Assistant.

(2.) The brief facts of the case are the following:

(3.) The 1st respondent / petitioner was of the view that since the post of Selection Grade Assistant is a Higher Grade Post of Senior Assistant, her case is covered by R.28(e) of the General Rules. Raising this contention, she moved the Government. As per the direction of this Court, the Government reconsidered her case and again rejected her claim by Ext. P26. The writ petition was filed challenging Exts. P17 and P26. She sought a further direction to promote her as Selection Grade Assistant with retrospective effect from the date of occurrence of first vacancy in that category after she rejoined duty on 18/07/2005. According to the 1st respondent / writ petitioner, the proviso to R.28(a)(ii) of the KS & SSR has no application and R.28(e) which has been incorporated in the Special Rules for Kerala Secretariat Subordinate Service, as the 2nd proviso to R.10 thereof, will govern the case. The appellants, who are respondents in the writ petition, resisted the prayers supporting the stand taken by them in the orders impugned.