T K KARUNADAS Vs. K R SONA

JUDGEMENT

(1.) The 4th respondent in the writ petition is the appellant. The writ petitioner is the first respondent herein. The brief facts of the case are the following: The first respondent joined the Archaeology Department, as Museum Assistant, on 28.11.1986. In due course, her probation was declared. The Special Rules (Recruitment Rules) governing qualifications and method of appointment to the posts in the said Department, both in the State Service and the Subordinate Service, were issued by the Government on 3.1.2000, as per G.O.(P) NO. 3/2000/CAD and G.O.(P) NO. 2/2000/CAD, respectively. (State service covers gazetted posts and Subordinate service covers non-gazetted posts in the department) As per the Special Rules, the post of Museum Assistant is a feeder category for promotion to the post of Manager, which is category No.8 in the Special Rules for the Kerala Archaeological Subordinate Service. The next higher posts are Research Assistant (Folklore) and Research Assistant (Numismatics). The method of appointment to these posts is by direct recruitment Category No.2, Field Assistant (Malabar Survey) is the promotion post of Manager. The post of Field Assistant (Malabar Survey) is a feeder category for appointment by transfer to the posts of Epigraphy Assistant/Excavation Assistant/Curator. While those rules were enforced, the promotions in the department were reviewed. After the issuance of the Special Rules in 1974, several new posts were created in the department. Pending issuance of Special Rules covering them, they were being filled up on temporary/provisional/ad-hoc basis. When the new Special Rules were issued on 3.1.2000, covering them also, it became necessary that the appointments made to those posts have to be reviewed.

(2.) Purportedly, as part of the review, by Ext. P9, the first respondent/writ petitioner, who was working as Museum Assistant, was promoted provisionally as Field Assistant (Malabar Survey). But, the method of appointment to that post, as per the Special Rules, is by promotion from the post of Manager. One of the obligatory qualifications for promotion to the post of Field Assistant (Malabar Survey), is three years' experience in the post of Manager. In Ext. P9, it is stated by the Director that since the first respondent has been found eligible for promotion as Manager with retrospective effect, she has been provisionally promoted as Field Assistant (Malabar Survey). A translation of the relevant portion of the said order reads as follows:

(3.) The appellant/4th respondent joined service as Lower Division Clerk on 2.5.1989. He completed his probation in that post. When a vacancy arose in the post of Research Assistant (Numismatics), the Director invited applications from the existing employees and thereafter, appointed the appellant provisionally to that post, by Ext. P13 order dated 12.6.2003. Later, he was promoted to the post of Technical Assistant, provisionally on 25.7.2006, under Rule 9(a)(i) of Part II of the Kerala State and Subordinate Services Rules (for short, 'KS & SSR'). His probation was also declared in the post of Technical Assistant.