SEBASTIAN G Vs. STATE OF KERALA

JUDGEMENT

(1.) Rule 38 of the Kerala State and Subordinate Service Rules- Relinquishment of rights-inference of relinquishment can be drawn from the conduct of the government servant and the surrounding circumstances- A person holding a particular post when another post was advertised, applied for the same, offered himself as a candidate, got himself selected as a candidate, and accepted that post, au inference that he relinquished the post earlier held by him can reasonably legitimately be drawn. The only reasonable inference is that he relinquished the former job for the purpose of taking up the new appointment. Petitioner joined service as Lower Division Clerk in the NCC Department in Ernakulam District on the advice of the Ernakulam District Recruitment Board of the Kerala Public Service commission as per memo dated 26-7-1995. He completed the probation period of two years and passed the M.O.P. and the Account Test. While so, he applied , pursuant to a fresh notification published by the commission, for appointment as L.D.C. in the same Department but in another district i.e. Alappuzha and was appointed on the advice of the Alappuzha District Recruitment Board of the Commission as per memo dated 24-11-1997.

(2.) Petitioner made a representation to the second respondent to relieve him from the post in order to join duty in Alaappuzha district.That was allowed and he was relieved on 22.1.1998. He reported for duty in that district on 23.1.1998 as L.D.C.

(3.) Thereafter, considering his seniority reckoned with reference to the date of advice dated 26-7-1995 in Ernakulam district, by Ext. P5 dated 25-2-1999 he was promoted as Upper Division Clerk with effect from 13.1.1998 after declaring his probation. He was given consequential service benefits including pay and allowances and increments as U.D.C. from 13.1.1998. Subsequently, Ext. P6 final seniority list of U.D.C. was published on 22-5-2000 in the NCC Directorate assigning him rank in that list.