Disposed

Korah K.Varghese v. State of Kerala

Kerala HC29 Jul 2010WP(C)/17188/2006

Case brief

AI extract

What is this about?

Petitioner, a promoted but unconfirmed Scientific Assistant, sought consideration for promotion to a post not in the feeder category or reversion to his original post. The petition allowed to apply for reversion; the Department must consider it within six weeks if an application is received.

What did the court decide?

Direction to the 2nd Respondent to consider the petitioner's request for reversion to Agricultural Assistant within 6 weeks if an application is filed.

Korah K.Varghese Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2010)

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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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THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932

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WP(C).No. 17188 of 2006(U)

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--------------------------

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PETITIONER(S):

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--------------------

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KORAH K.VARGHESE, SCIENTIFIC ASSISTANT, DISTRICT SOIL TESTING LABORATORY, VYTTILA, ERNAKULAM, KOCHI.

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BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV

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RESPONDENT(S):

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----------------------

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1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR, AGRICULTURAL DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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GOVERNMENT PLEADER SRI.MUHAMMED FAZIL M.P.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.17188/06

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: TRUE COPY OF THE PETITIONER'S PROMOTION ORDER AS SCIENTIFIC ASSISTNAT DT 29.6.98.

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EXT.P2: TRUE COPY OF THE ORDER GO(MS) NO.1370/62/AGRI. DT 22.12.1962.

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EXT.P3: TRUE COPY OF THE ORDER GOM.S. NO.81/92/AD DT 16.3.92. EXT.P4: TRUE COPY OF THE GOVERNMENT LETTER NO.253/E1/95/AD DT 29.10.99.

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EXT.P5: TRUE COPY OF THE REPRESENTATION DT 16.12.89.

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EXT.P6: TRUE COPY OF THE JUDGMENT DT 29.9.2003 IN OP NO.14416/2001.

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EXT.P7: TRUE COPY OF THE PETITION FILED BY THE GOVERNMENT IN OP NO.14416/2001 DT 10.2.2004.

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EXT.P8: --DO-- DATED 12.8.04.

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EXT.P9: REPORT OF THE HEAD OF THE DEPARTMENT OF SOIL SCIENCE AND AGRICULTURAL CHEMISTRY KERALA AGRICULTURAL UNIVERSITY DT 29.7.92.

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EXT.P10: TRUE COPY OF THE COMMUNICATION GIVEN TO THE PETITIONER DT 7.1.2005.

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EXT.P11: TRUE COPY OF THE LETTER NO.30988/EA1/03/AD DT 3.2.2005. EXT.P12: TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.125/2006/FIN DT 17.3.2006.

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EXT.P13: TRUE COPY OF THE CIRCULAR ISSUED BY THE DIRECTOR OF AGRICULTURE INT HIS REGARD DT 12.2.2001.

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EXT.P14: TRUE COPY OF THE REPRESENTATION DT 13.10.2003.

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EXT.P15: TRUE COPY OF THE REPRESENTATION DT 18.4.2006.

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EXT.P16: TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER by the STATE PUBLIC INFORMATION OFFICER, AGRICULTURAL DIRECTORATE, THIRUVANANTHAPURAM DT 26.7.2007.

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WPC NO.17188/2006

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-2-

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EXT.P17: TRUE COPY OF THE ORDER SDI-70903/97 DT 23.1.98 ISSUED BY THE 2ND RESPONDENT.

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EXT.P18: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE FIRST REPSODNENT DT 1.11.2008.

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EXT.P19: TRUE COPY OF THE ORDER GO(RT) NO.828/2009/AD DT 30.5.2009.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J. ================ W.P.(C) NO. 17188 OF 2006 (U)

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=====================

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Dated this the 29^th day of July, 2010

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J U D G M E N T

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Petitioner joined Agricultural Department as an Agricultural Assistant on 14/5/1990. At that time, the qualifications possessed by the petitioner were SSLC, KGTE (Higher) in Agriculture and B.Sc (Chemistry). While the petitioner was working as Agricultural Assistant, he was selected for admission to B.Sc (Agriculture) in the Kerala Agricultural University, Trichur. Accordingly, he availed of leave from 3/12/93 and joined the course. While undergoing the course, he was promoted to the post of Scientific Assistant and on completing the course, he reported for duty and was posted in the promoted post of Scientific Assistant w.e.f. 20/6/98.

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In this writ petition, what the petitioner claims is that having regard to the fact that he possess Degree in Chemistry and has acquired Degree in Agriculture, he should be considered for promotion to the post of District Agricultural Officer or Assistant Soil Chemist.

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Going by the executive orders specifying qualification and method of appointment to the said posts, the post of

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WPC No. 17188/06

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:2 :

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Scientific Assistant does not fall in the feeder category of both the posts. In such a situation, petitioner cannot claim promotion to this post and this Court also cannot direct that he should be considered.

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Counsel for the petitioner submits that as Scientific Assistant, although he has been promoted w.e.f. 20/6/98, he has not been confirmed. On this ground, he seeks a direction to revert him to the post of Agricultural Assistant. If that be so, it is up to the petitioner to seek reversion to the post of Agricultural Assistant, in which event, it is up to the respondents to consider the same so that he can aspire for promotion to the post of Agricultural Officer, his feeder category.

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Therefore, I direct that it will be open to the petitioner to make an appropriate application to the 2^nd respondent. It is directed that if such a representation is received, the 2^nd respondent will consider the request of the petitioner in the light of the rules governing the same, as expeditiously as possible, at any rate within 6 weeks of its receipt.

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WPC No. 17188/06

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:3 :

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Petitioner shall produce a copy of this judgment before

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the 2^nd respondent for compliance.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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Korah K.Varghese v. State of Kerala

Case brief

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Korah K.Varghese v. State of Kerala

Case brief

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