STATE OF KERALA Vs. V MANMADHAN NAIR

JUDGEMENT

(1.) The question that has come up for consideration in these cases is whether the post Director of Archaeology which fell vacant on 1-12-1998 be filled up on the basis of the Special Rules issued as per G.O.(P) No . 66/80/H.Edn. dated 9-5-1980 or on the basis of the Special Rules for the kerala Archeological Service issued by notification G.O.(P) No.3/2000/CAD dated 3-1-2000 which was published in theGazette dated 10-1-2000.

(2.) The post of the Director of Archaeology , Epigraphist, Regestering Officer etc. were the category of posts in the Department of Archaeology Governed by the special rules dated 9-5-80. Rule 2 prescribed the method of appointment to the post of Director of Archaeology, i.e by promotion from the categories of Epigraphist/ Regestering officer in the Department of Archaeology. It was ordered that appointment by promotion/transfer should be made from a select list prepared from among eligible officers on the basis of merit and ability, seniority being considered only where merit and ability are approximately equal. Persons included in the select list would be ranked in the order of their seniority . Post of Epigraphist is filled up by transfer from the post of Epigraphy Assistant in the department of Archaeology. In the absence of qualified persons, promotion by transfer be made from any other category in the Department of Archaeology. In the absence of qualified persons in the above categories direct recruitment could be made to the post of Epigraphist.

(3.) The Department Promotion committee prepared a select list of officers for appointment by transfer to the category of Epigraphist. Select list as approved by the Government by notification 4346/B1/89/GAD dated 25-6-92 which was published in the Kerala Gazette dated 4th August 1992. Select list reads as follows. 1.Smt. P.S. Radha Devi 16-11-1978 2.Sri. V.Gangadharan Nair 15-12-1978 3.Sri.V.Manmadhan Nair 13-12-1980