JOBIN MARUTHIPPARAMBIL Vs. VISWANATHAN.S.

JUDGEMENT

(1.) Petitioner is the review petitioner in RA (EKM) No.20/2019 in O.A.(EKM) No.1148/2017. The above review application was filed by the petitioner to review the judgment dated 26.10.2017 in O.A(EKM) 1148/2017.

(2.) O.A.(EKM) 1148/2017 was filed by the employees in the Municipal Common Service who are eligible for appointment as Municipal Secretary Gr.III as per the Kerala State Urban Affairs Service Special Rules, 2010 (herein after called as 'Special Rules'). The conditions of service including the method of appointment and qualification for appointment to the post of Municipal Commissioner Gr.II is governed by the Special Rules issued by the Government as per G.O. dated 18.5.2010 published in the Gazette dated 26.5.2010.

(3.) The category of Municipal Secretary Gr.III is included as category 5 of Rule 2 of Special Rules. The method of appointment for the post of Municipal Secretary Gr.III is laid down under Rule Relevant extract of the said provision is necessary for deciding the issue. Rule 3 of the Special Rules relates to the Municipal Secretary Gr.III along with Note 1 is extracted here under: Municipal Secretary By Direct Recruitment Grade III 1 OR By Transfer from among the employees of the Municipal Common service who 2 have completed 3 or more years services in the posts carrying the scale of pay of upper Division Clerk or in any post carrying, higher scale of pay than that of Upper Division Clerk. 3 By Transfer from among the employees of Urban Affairs Department who have completed the service of 3 or more years in the posts carrying the scale of pay of Upper Division Clerk or in any post carrying higher scale of pay than that of Upper Division Clerk.