S PRAKASH Vs. K M KURIAN

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are filed against the common judgment and order passed in Original Petition Nos. 11764 of 1996, 6540, 12539 and 13871 of 1997 and W. A. Nos. 1842 and 1938 of 1996, 84 and 351 of 1997 by the Division Bench of the Kerala High Court on 16/04/1998 (reported in 1998 Lab IC 2699). Persons selected to the post of Sales Tax Officers in the Agricultural Income-tax and Sales tax Department by the Kerala Public Service Commission filed petitions in the High Court. They were selected and included in the ranked list published by the Commission on 13/05/1995 which was to expire on 12/05/1998. As authorities failed to appoint them against the vacancies that arose in the quota earmarked for direct recruits and since only a limited number of candidates have been appointed, they approached the Court for a mandamus and consequential directions. The learned single Judge of the High Court of Kerala arrived at the conclusion that Rule 5 deals with the subject-matter governed the Special Rules and both have to be harmoniously read and understood. Therefore, direct recruitment to 20 Per Cent of the vacancies provided in the Special Rules shall be worked out on the basis of the provisions contained in Note (3). The Court also held that there is no repugnancy between Kerala Agricultural Income-tax and Sales Tax Rules Category 3 and Rule 5 of the General Rules.

(3.) The said judgment and order was set aside in writ appeal. The Division Bench of the High Court held that the amendment brought to the General Rules (Kerala State and Subordinate Service Rules) as per notification dated 5/12/1992 would take away the rights of the petitioners for appointment against 20 Per Cent of the successive substantive vacancies arising in the cadre of Sales Tax Officers and that the view taken by the Government was unsustainable. Secondly, it was held that amendment to the General Rules was in conflict with the Special Rules and it will not hamper the rights of persons arising out of Special Rules. Hence petitions/appeals were allowed and the Secretary, Board of Revenue (Taxes) was directed to work out 20 Per Cent of the successive substantive vacancies for direct recruitment as on 11/08/1987 and arising thereafter as per the Special Rules so as to enable the Public Service Commission to appoint the eligible candidates. That order is challenged before us in this appeal by special leave.