SARASWATHY AMMAL Vs. A. K. THARA

JUDGEMENT

(1.) This appeal by the 17th respondent in O.P. No. 7353/86-A is directed against the common judgment in O. P. Nos. 7353/86 and 10769/85. We are concerned in this case with the appointment to the cadre of Head Clerks of District Courts. The appointment to the post of Head Clerks of District Courts is governed by the Kerala Judicial Ministerial Subordinate Service Rules (here in after referred to as 'the rules'), made in exercise of the powers conferred by sub-section(1) of S.2 of the Kerala Public Services Act, 1968.

(2.) Rule 4 of the rules provides that the post of Head Clerks fall under clause (a) of category 1 of Class I. R.5 speaks of the method of appointment. Clauses (b) and (c) of R.5 which is relevant for our purpose may be extracted as follows:

(3.) When such was the position there was a revision of pay scales with effect from 1st July 1983 by order of the State Government Ext. P-13 dated 16th September 1985 we shall refer to the documents with reference to O.P. No. 7353/1986. Before the revision of pay scales, the posts of Sheristadar of Sub Courts carried a pay scale of Rs. 650-1150, whereas the Head Clerks of the District Courts carried a lower scale of pay of Rs. 520-900. The scales of pay attached to both these categories stood revised with effect from 1st July 1983 to the common higher scale of, Rs. 1100-2100. Consequent upon the revision of pay scales the State Government made an order as per Ext, P-5 dated 3rd April 1986 declaring the posts of Head Clerks of District Courts in the revised scale of pay of Rs. 1100-2100 as pertaining to State service. We may also advert at this stage to Ext. P-6 letter dated 10th July 1986 addressed by the Secretary (expenditure), Finance department to the Accountant General, Kerala inviting his attention to the Government Order dated 16th September 1985 to the effect that the posts carrying the revised scale with a starting salary of Rs. 1100 and above shall be treated as gazetted posts. This letter is relied upon to show that consequent upon the revision of pay scales of the posts of Head Clerks of the District Courts, they have been treated as gazetted posts. The High Court on the administrative side passed an order on 4th August, 1986 as per Ext. P-7 by which it has made 16 appointments of Head Clerks of District Courts and Additional District Courts in the revised scale of pay Rs. 1100-2100 on a temporary basis under R.9 of the K.S. and S.S.R., 1958. Though the order of appointment has been made by the High Court, the actual appointments are on district wise basis treating the district as a unit. It is only those in the feeder categories in the respective districts that have been considered for appointment to the posts of Head Clerks in the respective districts. The High Court which has made the order of appointment Ext. P-7 has not treated the posts of Head Clerks as forming part of the State unit. Two reasons have been given in the preamble to the order of the High Court for making only provisional appointment treating district as the unit for appointment. Firstly it is stated that though the State Government has made an order on 3rd April 1986 as per Ext. P-5, declaring that the posts of Head Clerks of District Courts belong to State service, the special rules regulating appointment to the posts of Head Clerks of District Courts are yet to be amended. The second reason given is that the State wise seniority list of those falling under the feeder category for the posts of Head Clerks is yet to be prepared. It is pending appropriate action being taken on these two points that the High Court thought it proper to make temporary appointments under R.9 of the K.S. and S.S.R. treating district as the unit of appointment for these posts consistent with the relevant statutory provisions contained in these rules. So far as the appellant is concerned, she was appointed on a temporary basis in the newly carved out district Wynad on 15th December 1984, on the ground that she is the only person available for being appointed to that post there being no person in the feeder category available in that district.