VALSA KUMARI ASSAC Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was given a provisional appointment as an Assistant engineer on 12/10/81. She was recruited through the employment exchange. She continued with some breaks up to 5/10/83. On 5/10/83, she was given provisional employment under Rule 9 (a) (i) of the Kerala state and Subordinate Services Rules. This was provisional appointment. The appellant was thereafter selected by the Public Service commission and given regular appointment as Assistant Engineer w. e. f. 21/3/1991.

(2.) The appellant filed a petition before the kerala High Court claiming that service for the period from 5/10/83 to 21/3/91 should count for the purpose of seniority. Her petition has been rejected by the single Judge as well as by the Division Bench of the High court.

(3.) Seniority of the appellant is governed by Rule 27 of the Kerala State and Subordinate services Rules. Under Rule 27 (a) , seniority of a person in a service, class, category or grade shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such service, class, category or grade. Explanation to this Rule states that for the purposes of this sub-rule "appointment" will not include appointment under Rule 9 or appointment by promotion under Rule 31. Therefore, the appointment of the appellant under Rule 9 from 5/10/83 to 21/3/91 cannot count for the purposes of seniority under rule 27.