PRADEP KUMAR G. Vs. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY AND THE SECRETARY, THE KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THIS Writ Appeal is filed by the petitioner against the judgment in O.P. No. 756 of 1995. The facts of the case are as follows:

(2.) THE petitioner joined the Police Department as Lower Division Clerk in the year 1983 and he was promoted to the post of Upper Division Clerk in 1986. He was holding substantively a permanent post in the cadre of Upper Division Clerk. While so, he was selected for appointment to the post of Reserve Sub Inspector in the District Armed Reserves of the Department on advice of the Public Service Commission. By Ext.P1 order, he was provisionally appointed. Pursuant to Ext.P1 order, he was relieved from his duties as Upper Division Clerk on 14.2.1991. He had undergone training as Reserve Sub Inspector.

(3.) BEFORE the learned single Judge, the appellant submitted that it is true that while working as Upper Division Clerk, he was selected for the post of Reserve Sub Inspector and he was undergoing training. He will be entitled to be appointed as Reserve Sub Inspector in the General Executive Branch of the Department only since he was working under the Ministerial cadre. The learned counsel brought to our notice Rule 8 of the Rules and a Full Bench decision of this Court reported in Balakrishnan Nair v. Ram Mohan Nair - 1998 (1) K.L.T. 766. Learned counsel referred to us Rule 8 of the K.S.S.R. In the above decision, it is stated as follows: