N. RAGHUNATHAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner is a Lower Division Clerk in the Registration Department. He was first appointed as Lower Division Clerk in the Registration Department as per advice dated 2-12-1952 of the Travancore-Cochin Public Service Commission. He joined duty on 6-12-1952; his date of birth is 25-11-1930.

(2.) For promotion of Lower Division Clerks to the cadre of Upper Division Clerks a pass in Account Test is a qualification prescribed. Though the petitioner has not passed the Account Test, he contends for the position that being an allotted officer he is entitled to permanent exemption from test qualification by virtue of clause 5 of order No. R. Dis. 8207/50/CS. dated 7th May, 1951, of the Travancore-Cochin Government, a copy of which is Ext. P-1 the application of which has been further clarified and illustrated in the Government Memorandum No.SB4-11506/6l/PD dated 26th July, 1961 In Ext .P 2, extract of the gradation list of Lower Division Clerks as on 1-4-1960, the petitioner's rank is No 641.

(3.) The petitioner's grievance is that he has not been promoted to the cadre of Upper Division Clerk in the next vacancy that arose though he became fully eligible for that, having attained the dual qualification of 45 years of age and 20 years of service. Aggrieved by this, he made a representation dated 9-2-1977 to the Government, a copy of which is Ext. P-3. A representation also appears to have been made by the petitioner to the second respondent, the Inspector General of Registration The Government, however, did not accept the petitioner's contention; and in communication No. 14649/D3/77/TD dated 21-7-1977, a copy of which is Ext P-4, it took the stand that for the petitioner to earn promotion without passing the tests prescribed he ought to have completed 25 years of service and 50 years of age. The writ petition is for the issue of a writ of certiorari quashing Ext. P-4 communication and for the issue of a writ of mandamus to the respondents to promote the petitioner to the category of Upper Division Clerk and restore his rank in that cadre above his juniors who were not confirmed as Upper Division Clerks as on 24-11-1975 on which date he completed 45 years of age (having already completed 20 years of service as early as on 5-12-1972).