ALI M K Vs. STATE OF KERALA

JUDGEMENT

(1.) In these appeals the scope, content and ambit of R. 8, Part II of the Kerala State and Subordinate Service Rules, 1958 (in short the KSSR) is the pivotal issue. Full Bench judgment of the Kerala High Court is under challenge.

(2.) Parties are litigating in the following factual background. Non-official respondents and the appellants were originally appointed in the Rural Development Department on different posts. Subsequently, the said respondents joined the services of the Co-operative Department. A fixed percentage of posts in the Co-operative Department are to be made by transfer. Non-official respondents applied to the Kerala Public Service Commission (in short the Commission) and on being selected joined the Co-operative Department. Question arose whether the benefit of Rule 8 of the KSSR is available to a person who is appointed to a post in another service and whether the lien of such a member continued in the former service. Controversy was whether their names were to be included in the promotion list. A learned single Judge took the view that their names could not be included. Foundation for this view was a Division Bench judgment in an earlier case.

(3.) Judgments of the learned single Judge were challenged in writ appeals before the Division Bench. The matter was referred to a Full Bench to be heard along with an original petition which was earlier referred to such Bench, as correctness of some earlier decisions was doubted. Parties before the Full Bench focused their attention on Rule 8 of the KSSR. While the appellants herein submitted that same was not applicable to the non-official respondents, the latter contended that it was applicable. The Full Bench by the impugned judgment accepted the contention of the non-official respondents. Appellants, as noted above, have questioned correctness of the Full Benchs decision.