APPUKUTTAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Same question arises for consideration in these Original Petitions. The question is one relating to fixation of seniority among Deputy Tahsildars. On the decision of that issue these original petitions can be disposed of. Therefore I consider it advantageous to deal with these original petitions by a common judgment.

(2.) Learned counsel appearing in these cases on either side agreed to treat O.P.No. 2709/89 as the main case because all relevant documents have been marked in the case. So I am referring to the parties and the documents as they are arrayed and marked in it

(3.) Ext. P1 G.O.(P) No. 852/80/RD dated 16-6-80 is the Special Rules relating to Kerala Revenue Subordinate Service (Deputy Tahsildars). Clause.4 of that Rule dealing with appointment states that appointment of Deputy Tahsildars shall be made either by recruitment by transfer from among the members of the Kerala Ministerial Subordinate Service employed in the Land Revenue Department or by direct recruitment. For getting recruitment by transfer a person should pass the Revenue Test (Travancore) or Revenue Test (Cochin) or Revenue Test (Madras), Account Test (Lower) or Account Test for Subordinate Officers Part I (Madras) and District Office Manual Test. This means that a member in the feeder category eligible for promotion to the cadre of Deputy Tahsildars must have passed the above mentioned tests. As per R.9 of the Special Rules every person appointed as Deputy Tahsildar shall, from the date on which he joins duty, be on probation for a total period of two years on duty within a continuous period of three years. A probationer in the cadre of Deputy Tahsildar should pass the following tests if he has not already passed them.