RAMABHADRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This case has come up before us on a reference made by Justice Sreedharan doubting the correctness of the observations made by Justice Bhat in the judgment rendered in O.P.Nos. 4085, 5043 and 6169 of 1983 to the effect that in the matter of appointment to the cadre of Assistant Public Prosecutors Grade II, R.14 to 17 of the Kerala State and Subordinate Services Rules have to be applied on a State wide basis. The learned single Judge has also adverted to an observation made by another learned Judge to the contrary in the case reported in 1986 KLT 149 between P.M. Sunny v. State of Kerala & Others. Though this decision has been affirmed in appeal by a Division Bench, there is no consideration of this particular question by the Division Bench in Writ Appeal Nos. 609 of 1985 and 195 of 1986.

(2.) Recruitment to the post of Assistant Public Prosecutors Grade II is governed by the Special Rules regarding Posts of Legal Adviser to the Vigilance Division, Additional Legal Adviser to the Vigilance Division and Assistant Public Prosecutors. R.3, 4 and 5 of the said Rules, which are relevant for our purpose may be extracted as follows:

(3.) It therefore follows that the observation made in Sunny v. State of Kerala (1986 KLT 149) that the rules of reservation apply to each unit and revenue district is correct and the observation made to the contrary in O.P.Nos. 4085, 5043 and 6169/1983 to the effect that the rotation is to be applied on a state wise basis in such cases, with respect, does not state the law correctly.