Disposed

K.Sathyanathan v. the State of Kerala

Kerala HC14 Sept 2018WP(C)/4173/2018

Case brief

AI extract

What is this about?

Petitioner, a provisional L.D. Clerk in the Ministerial cadre, sought promotion to U.D. Clerk. The Court held that since Special Rules for LBS Centre were not yet framed, the petitioner's promotion must be considered under rules applicable to Directorates of Technical Education non-teaching staff within one month.

What did the court decide?

Petitioner's claim for promotion to be considered based on Directorate of Technical Education rules applicable to non-teaching staff within one month.

K.Sathyanathan Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 14TH DAY OF SEPTEMBER 2018 / 23RD BHADRA, 1940

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WP(C).No. 4173 of 2018

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PETITIONER/S:

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K.SATHYANATHAN

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L.D.CLERK, LBS COLLEGE OF ENGINEERING, KASARGOD.

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BY ADV. SMT.C.K.SHERIN

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM - 695 001.

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2 DIRECTOR LBS CENTER FOR SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM - 695 033.

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3 THE PRINCIPAL LBS COLLEGE OF ENGINEERING, KASARGOD - 671 542.

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BY ADVS. SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE AND TECHNOLOGY

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SMT. NISHA BOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4173 of 2018

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JUDGMENT

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Petitioner is an L.D. clerk under the LBS Centre

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for Science and Technology. Petitioner was promoted as L.D. clerk pursuant to Ext.P1 proceedings on 10.04.2015 provisionally, subject to the finalisation of Special Rules for Ministerial Staff of LBS Centre for Science and Technology.

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2. Petitioner referring to Ext.P7 government decision argued that in the absence of Special Rules, Rules prevailing in the institutions under the Directorate of Technical Education are applicable to the non-teaching staff of the college of Engineering,

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Kasaragod.

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3. The learned Standing Counsel for LBS Centre

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for Science and Technology submitted that petitioner is coming under the Ministerial Staff Category and therefore he cannot claim as he was coming under the non-teaching staff. It is further submitted that

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since the petitioner is not coming under non-teaching category, Special Rules applicable for LBS Centre for Science and Technology alone can be applied in the matter of promotion claimed to the petitioner.

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4. The learned counsel for the petitioner

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WP(C).No. 4173 of 2018 3

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producing Ext.P8, an information obtained from the Directorate of Technical Education, argued that Ministerial Staff also coming under the category of non-teaching staff under the rules applicable to institution under the Directorate of Technical Education.

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5. Exts.P9 to 11 would show that LBS Centre for

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Science and Technology had followed such rules of Directorate of Technical Education in the matter of promotion of employees under the Ministerial cadre.

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6. It is to be noted that LBS Centre for Science and Technology is yet to frame its Special Rules. Till the Special Rules are framed petitioner's promotion cannot be postponed. It is pointed out that there are three vacancies. Ext.P7 could apply to the petitioner as well, as it clearly stipulates that rules applicable to institutions under the Directorate of Technical Education are applicable to non-teaching staff. The Ministerial staff therefore, can only be understood as the non-teaching staff.

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In such circumstances, petitioner's claim for promotion to the post of U.D. Clerk shall be considered in the light of the rules applicable for institutions under the Directorate of Technical

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WP(C).No. 4173 of 2018

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Education within a period of one month by passing

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appropriate orders thereon.

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This writ petition is disposed of as above.

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Ssd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1.	TRUE COPY OF ORDER DATED 10.04.2015 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2.	TRUE COPY OF PROCEEDING DATED 13.05.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3.	TRUE COPY OF ORDER DATED 05.01.2016 ALONG WITH SENIORITY LIST OF L.D. CLERKS.
EXHIBIT P4.	TRUE COPIES OF THE CERTIFICATES EVIDENCING THE ACQUISITION OF TEST QUALIFICATION OF THE PETITIONER.
EXHIBIT P5.	TRUE COPY OF REPLY DATED 16.07.2017 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P6.	TRUE COPY OF REPRESENTATION DATED 09.10.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7.	TRUE COPY OF G.O.(RT) NO.473/2005/H.EDN. DATED 19.03.2005 ISSUED BY THE GOVERNMENT OF KERALA, HIGHER EDUCATION (J) DEPARTMENT.

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//TRUE COPY//

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SKK

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P.A. TO JUDGE

K.Sathyanathan v. the State of Kerala

Case brief

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K.Sathyanathan v. the State of Kerala

Case brief

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