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Padmakumari S & Another v. State of Kerala & 2 Others

Kerala HC3 Nov 2009WP(C)/92/2009

Case brief

AI extract

What is this about?

Petitioners, Scientific Assistants Grade-I in the Agricultural Department, filed this Writ Petition seeking a direction to the State Government to issue executive orders specifying the method of appointment and qualification for promotion to the higher post of Assistant Soil Chemist, relying on a prior judgment regarding Senior Grade Scientific Assistant promotions.

What did the court decide?

The State Government was directed to issue executive orders for promotion methodology and qualifications to the post of Assistant Soil Chemist within three months.

Padmakumari S & Another Vs State of Kerala… — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931

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WP(C).No. 92 of 2009(J)

PETITIONER(S):

PADMAKUMARI S., SCIENTIFIC ASSISTANT GRADE -1, DISTRICT SOIL TESTING LABORATORY VYTTILA P.O. ERNAKULAM.

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V.SOJAKUMAR, SCIENTIFIC ASSISTANT GRADE-1, DISTRICT SOIL TESTING LABORATORY, PAROTTUKONAM. THIRUVANANTHPURAM PIN-695015.

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BY ADV. SRI.JACOB P.ALEX

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF AGRICULTURE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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SECRETARY, DEPARTMENT OF AGRICULTURE GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM

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AGRICULTURE PRODUCTION COMMISSIONER STATE OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN,THIRUVNANTHAPURAM.

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BY GOVT. PLEADER SRI. P. NANDAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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Ext.P1. True copy of the G.O.(MS).No.81/92/AD dated 16.3.1992.

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Ext.P2. True copy of the letter dated 16.4.2008.

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Ext.P3. True copy of the relevant extract of file issued to the President of Kerala Scientific Assistants Association under the Right to information Act.

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Ext.P4. True copy of G.O(MS).No.178/2008/AD dated 18.10.2008

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Ext.P5. True copy of the representation dated 20.9.2008 submitted by the Ist petitioner.

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Ext.P6. True copy of representation dated 8.9.2008 submitted by the 2^nd petitioner.

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// true copy //

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P.A to Judge.

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ANTONY DOMINIC, J.

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W.P.(C) NO.92 OF 2009 (J)

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Dated this the 3^rd day of November, 2009

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J U D G M E N T

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Petitioners are working as Scientific Assistant Grd.I in the Agricultural Department. During the pendency of this writ petition they were promoted as Senior Grade Scientific Assistant with effect from 20^th March, 2009. They also aspire for further promotion to the post of Assistant Soil Chemist.

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In this writ petition presently all that they seek is that as directed by this court in the judgment in WP(c).No.7999/08, the first respondent should issue executive orders fixing the method of appointment and qualification for promotion to the post of Assistant Soil Conservator.

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A reading of the aforesaid judgment show that the said writ petition was filed by the Scientific Assistant Grade-II claiming for further promotion. That writ petition was disposed of with the following directions.

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“In these circumstances, I direct the State Government to issue Executive Orders fixing the method of appointment and qualification for promotion to the post of Senior Grade Scientific

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WPC .No.92/09

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:2 :

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Assistant in the Agriculture Department. This shall be done within a period of three months from the date of receipt of a copy of this judgment. Depending on the orders thus issued, the claim of the petitioner for promotion to the category of Senior Grade Scientific Assistant and to the next higher post shall also be considered and a decision taken in the matter expeditiously and in any case within a period of another two months thereafter. The claim of persons similarly situate as the petitioner shall also be considered simultaneously.”

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In the view of the above direction, requiring the

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Government to issue executive orders prescribing the eligibility criteria for the post of Senior Grad. Scientific Assistant, petitioners are justified in seeking orders requiring the Government to issue executive orders fixing the method of appointment and qualification for promotion to the higher post of Assistant Soil Chemist as well.

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It is directed that such orders shall be passed as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment.

(ANTONY DOMINIC)

JUDGE

vi/

WPC .No.92/09

:3 :

Padmakumari S & Another v. State of Kerala & 2 Others

Case brief

What is this about?

What did the court decide?

Padmakumari S & Another v. State of Kerala & 2 Others

Case brief

What is this about?

What did the court decide?

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