K. RAGHAVAN Vs. THE DISTRICT JUDGE, PALGHAT

JUDGEMENT

(1.) The petitioner commenced service as L.D. Clerk in the courts of the erstwhile Malabar District, in 1952. He was allotted to the Kerala State on 1st November, 1956. By virtue of Art.372(1) of the Constitution and S.119 of the States Reorganisation Act, the Special Rules for the Madras Judicial Ministerial Service continued to govern the service conditions of such allotted employees after 1st November 1956 also. Under the said rules, L.D. Clerks could be promoted as U.D. Clerks only after passing the Civil Judicial Test and the Account Test. The petitioner passed the Civil Judicial Test in 1965, and it is common ground that the date of passing this test can be taken as 12th June, 1965. He passed the "unified test" introduced by Kerala Government, on 18th October, 1966. Treating this as sufficient qualification in Account Test, he was promoted as U.D. Clerk in 1969.

(2.) As a result of orders passed by the Kerala Government in 1970 or 1971, a few additional posts of U.D. Clerks were created in the courts of Malabar from 1st September, 1964. The petitioner claimed that he was entitled to get one of the vacancies which had arisen on 15th July, 1965 and this claim was originally upheld. But by Ext. P-10 order dated 1st July, 1978, the District Judge of Palghat reviewed the matter and held that the petitioner could get a U.D. vacancy only from 1st June 1968. His seniority was thus affected, and respondents (2) to (4) became senior to him. This writ petition is to quash Ext. P-10.

(3.) The circumstances under which Ext. P-10 came to be passed can now be traced. The Kerala Government was holding two kinds of Account Tests after 1st November, 1956, one for the ex-Madras personnel, and another for the ex-T.C. hands and officers appointed into the services of the Kerala State after 1st November, 1956. By Ext. P-1 G.O., dated 14th January, 1963, Government decided to introduce a new test called the 'unified test'. Ext. P-2 G.O., dated 23rd October, 1963 ordered that commencing from 1st January, 1964, only the unified test would be conducted. It appears that the Government of India intervened and pointed out to the State Government that introduction of a new test of higher standard would adversely affect the service conditions of allotted employees, and that in order to safeguard their interests under the proviso to S.115(7) of the States Reorganisation Act, such employees should be granted exemption from the new test for four years. The State Government accepted this suggestion and issued Ext. P-3 order on 6th October, 1965 providing for such exemption and clarifying that allotted officers would not be debarred from promotions during the period, for want of Account Test qualification.