UDAYABHANU Vs. REGISTRAR OF CO OP SOCIETIES

JUDGEMENT

(1.) Writ Petitioner is the appellant. His contention is that as he belongs to Scheduled Caste the benefit conferred by Ext. P9 shall be extended to him and therefore he shall not be reverted on the ground that he had not passed the requisite test qualification which is obligatory for continuance as Deputy Registrar in the Cooperative Service. He was a member of the subordinate service and while so, there was a special recruitment to the post of Assistant Registrar and the appellant being a member of the Scheduled Caste, applied for such special recruitment and he was successful in getting appointment and he was appointed as Assistant Registrar on 18.6.1990. When he got new assignment he left the subordinate service and joined the new service, Kerala State Cooperative Service. A further promotion is available to the appellant as Deputy Registrar, but upon passing the obligatory test. Admittedly he has not acquired that test qualification when his due turn for promotion reached. He could acquire that test only in June 1996. Therefore, he can be considered only against a vacancy which is to occur after such passing. The appellant submits that in Ext. P9 order Government had extended the benefit of test exemption available to the Scheduled Castes to those in service on 31.12.1985. The exemption is as provided for in R.13AA of the General Rules in the Kerala State and Subordinate Service Rules. It is made clear in Ext. P9 that employees who were in service on 31.12.1985 will be exempted from passing test qualification. The definition of 'service' in R.2(f) in Kerala Civil Services (Classification, Control and Appeal) Rules means a group of persons classified by the State Government as State or Subordinate service as the case may be. From 18.6.1990 the appellant is in new service, Kerala State Cooperative Service. He was a fresh hand in that service. He was not in that service on 31.12.1985 to get the benefit of Ext. P9 for promotion in that service. Therefore, he is not entitled to the benefit of exemption to get promotion in the new service on the basis of Ext. P9. When the matter thus viewed in that angle, the conclusion arrived at by the learned single Judge cannot be interfered with.