RAJAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The issues raised in these Original Petitions are identical. So, on agreement of counsel appearing on either side, I heard the petitions together and I am disposing of them by this common judgment.

(2.) O.P. 8340/85 is considered as the main case. In this judgment, I am referring to the exhibits as they are marked in that O.P.

(3.) Government took a policy decision that recruitment to the posts in the Ministerial cadre in the Police Department will be made by enlistment under the Police Act. In pursuance to that decision, the pests of Lower Division Clerks and Lower Division Typists in the Police Department were redesignated as Havildar Clerks and Havildar Typists. The qualification and method of appointment to these categories were fixed by G.O.MS. 12/74/Home dated 19-1-74 which is marked as Ext. P1. This order of Government was challenged before this Court in Sudhakaran v. State of Kerala (ILR 1977 (2) Kerala 446). A Bench of this Court quashed that order holding that the said executive order cannot override the statutory provisions. In pursuance thereto, Government issued Ext. P2 order dated 12-12-78 cancelling Ext. P1. Inspector General of Police was directed to take action to fill up existing vacancies of Lower Division Clerks and Lower Division Typists through Public Service Commission. It was further provided therein that orders regarding the persons already recruited as Havildar Clerks and Havildar Typists will be issued separately. Immediately after Ext. P2 order, vacancies in the cadre of Lower Division Clerks and Lower Division Typists were referred to the Public Service Commission. Petitioners, seven in number, in O.P. 8340/85 were advised by the Public Service Commission for the post of Lower Division Clerks. They joined the service during 1979. The 7th petitioner joined the service on 27-12-1979. They got promotion to the cadre of Upper Division Clerks between 1-11-80 and 7-3-1984.