Anees P.I vs The State Of Kerala
2022 Latest Caselaw 3824 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE V.G.ARUN
 TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                 WP(C) NO. 5814 OF 2022
PETITIONER/S:

         ANEES P.I.
         AGED 36 YEARS
         S/O IBRAHIM P.S. (LATE), OFFICE ATTENDANT,
         OFFICE OF THE JUDICIAL FIRST CLASS MAGISTRATE
         COURT-1, ALUVA-683 101, RESIDING AT PURATHOTTU
         HOUSE, ALUVA EAST, ALUVA P.O.ERNAKULAM
         DISTRICT-PIN 683 101.
         BY ADVS.
         T.C.GOVINDASWAMY
         KALA T.GOPI
         B.NAMADEVA PRABHU

RESPONDENT/S:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
         KERALA, HOME (C) DEPARTMENT, STATE SECRETARIAT,
         THIRUVANANTHAPURAM-695 001
    2    THE HIGH COURT OF KERALA,
         REPRESENTED BY THE REGISTRAR GENERAL,
         ERNAKULAM, KOCHI-682 031.
    3    THE REGISTRAR DISTRICT JUDICIARY,
         HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
    4    CHIEF JUDICIAL MAGISTRATE,
         ERNAKULAM, KOCHI-682 011.
    5    THE KERALA PUBLIC SERVICE COMMISSION,
         REPRESENTED BY THE SECRETARY, PATTOM,
         THIRUVANANTHAPURAM-690 004.
    6    ADDL.R6.SINCY.P.B
         PANTHALACKAL, KURUMASSERY, ERNAKULAM-
         683579(ADDL. R6 IMPLEADED AS PER ORDER DATED
         2/3/2022 IN IA NO.3/2022 IN WP(C) 5814/2022.)
    7    ADDL.R7.VIDHYA.K.V
         17/224, KONGINIPARMBU, NORTH PARAVUR,
         ERNAKULAM-683513(ADDL. R7 IMPLEADED AS PER
         ORDER DATED 2/3/2022 IN IA NO.3/2022 IN WP(C)
         5814/2022.)
    8    ADDL.R8.GAYATHRI.V.S.
         SREEVALSOM/427, KOLLAMKONAM, VILAPPILSALA,
 W.P.(C) No.5814 of 2022

                                   -2-


             THIRUVANANTHAPURAM-695573(ADDL. R8 IMPLEADED AS
             PER ORDER DATED 2/3/2022 IN IA NO.3/2022 IN
             WP(C) 5814/2022.)
             BY ADVS.
             SUNIL JACOB JOSE
             P.C.SASIDHARAN

OTHER PRESENT:

             SR.GP.PREMCHAND R. NAIR


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.04.2022,    THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.5814 of 2022

                                        -3-



                                 JUDGMENT

Dated this the 05th day of April, 2022

Petitioner is working as Office Attendant

under the fourth respondent/Chief Judicial

Magistrate Court, Ernakulam. He is aggrieved by

the denial of promotion to the post of

L.D.Typist. It is submitted that Ext.P4 Rules

provides for appointment by way of transfer from

among Office Attendants, who have completed two

years, in the absence of qualified and suitable

members from among Copy Typist and Attenders

under Class II. Petitioner's grievance is that

despite having completed two years as Office

Attendant, he is denied by-transfer promotion on

the premise that in the draft KJMSS Rules pending

consideration before the Government, wherein the

eligibility for by-transfer appointment is fixed

as three years. Based on the reasoning, the

petitioner's claim for by-transfer appointment as W.P.(C) No.5814 of 2022

LD Typist stands rejected by Ext.P12.

2. By interim order dated 9/3/2022 this

Court had stayed the filling up of one vacancy of

LD Typist in the Criminal Judicial Unit of

Ernakulam. Even as on the date, the revised

Rules have not come into force. As such, the

respondents are bound to consider the

petitioner's claim in accordance with the

prevailing rules.

In the result, this writ petition is allowed

and Ext.P12 insofar as it affects the petitioner,

is set aside. The petitioner's claim for

promotion shall be considered in accordance with

the existing rules and appropriate decision taken

within one month of receipt of a copy of this

judgment. Till such time, the interim order dated

09.03.2022 will continue to be in force.

Sd/-

V.G.ARUN JUDGE Scl/5.04.22 W.P.(C) No.5814 of 2022

APPENDIX OF WP(C) 5814/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER BEARING NO E-

5518/2020 DATED 24.8.2020, ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE OFFICIAL MEMORANDUM BEARING NO E-6260/2021 DATED 3.12.2021, ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE OFFICIAL MEMORANDUM ISSUED BY THE 4TH RESPONDENT, BEARING NO E-7591/2021 DATED 17.12.2021 Exhibit P4 A TRUE COPY OF THE SPECIAL RULES IN RESPECT OF THE KERALA JUDICIAL MINISTERIAL SUBORDINATE SERVICE Exhibit P5 A TRUE COPY OF THE CERTIFICATE DATED 13.4.2021, ISSUED BY THE BOARD OF PUBLIC EXAMINATIONS KERALA GOVERNMENT TECHNICAL EXAMINATIONS Exhibit P6 A TRUE COPY OF THE ORDER BEARING (P) NO 1/2014/P& RD DATED 3.1.2014 Exhibit P7 A TRUE COPY OF THE ORDER BEARING (P) NO 6/2019/P&RD DATED 24.8.2019 Exhibit P8 A TRUE COPY OF THE JUDGMENT IN WPC NO 40183/2017 DATED 1ST OCTOBER, 2019 Exhibit P9 A TRUE COPY OF THE ORDER NO SO 09/2022 ISSUED BY THE DISTRICT, JUDGE, ALAPPUZHA Exhibit P10 A TRUE COPY OF THE OFFICIAL MEMORANDUM BEARING NO A1-8469/2021 DATED 24.9.2021, ISSUED BY THE DISTRICT JUDGE, KOZHIKODE Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 3.2.2022 ADDRESSED TO THE 4TH RESPONDENT Exhibit P12 A TRUE COPY OF THE ORDER BEARING NO E-

7591/2021 DATED 18.2.2022, ISSUED BY THE 4TH RESPONDENT Exhibit P13 A TRUE COPY OF THE APPOINTMENT CHART, DATED 23.02.2022, ISSUED BY THE KPSC, DISTRICT OFFICE, ERNAKULAM.