GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these eleven cases are persons similarly situated, claiming more or less the same reliefs. These cases have, therefore, been heard jointly, and are being disposed of by this single judgment. The main arguments were advanced in O. P. 5165 of 1972; and I shall be referring in this judgment to the exhibits marked in that case. A common affidavit has been filed by the State Government in O. P. 3004 of 1972. Some of the other respondents have also filed counter affidavits in some of these petitions; but it may not be necessary to refer to the documents produced by them.

(2.) The petitioners in these cases are either Deputy Surveyors come from Madras or 1st Grade Surveyors come from Travancore Cochin to the Kerala State consequent on the reorganisation of the States. According to the conditions of their service, they were entitled to promotion as Head Surveyors, provided they passed a particular test which had been prescribed in Madras for the Madras personnel, in Travancore for the Travancore personnel, and in Cochin for the Cochin personnel. In Kerala, the Deputy Surveyors of Madras were equated to the 1st Grade Surveyors of Travancore Cochin. The Governor of Kerala, in exercise of his powers under the proviso to Art.309 of the Constitution of India, made Special Rules in respect of the members of the Kerala Survey and Land Records Subordinate Service. Those Rules were issued by a Notification, Ext. P 2 dated 30-9-1966. The said Rules added the passing of two more tests as qualifications for Deputy Surveyors and the 1st Grade Surveyors for promotion to the cadre of Head Surveyors. Before the above Special Rules were made the Government passed an order Ext. P3 dated 16-3-1966. It reads as follows:

(3.) R.13A of the Kerala State and Subordinate Services Rules, 1958 provides, among other things, that where a pass in a special or departmental test is newly prescribed by the Special Rules of a Service for any category, grade or post therein or in any class thereof, a member of a service, who has not passed the said test but is otherwise qualified and suitable for appointment to such class, category, grade or post, may within 2 years of the introduction of the test be appointed thereto temporarily, and that, if the person so appointed does not pass the test within the said period he shall be reverted to his original post. But by virtue of Ext. P3, the petitioners got four years from the date of Ext. P2 to pass the two additional tests prescribed by Ext. P2. They were also entitled for temporary promotion as Head Surveyors, subject to the condition that they would be reverted, in case that they did not pass the tests within the said period of four years. This period was subsequently extended by the Government by an Order Ext. P5 dated 1-12-1971 as a concession till the allottees got eight chances to pass the above tests. These tests were conducted only yearly. Hence the allottees would get three more years to pass the above tests by virtue of Ext. P5. The result of this extension was that several persons who had been promoted regularly as Head Surveyors had to be reverted to promote temporarily persons who had not yet passed the tests, since they got three more years to pass them. The Government was, therefore, constrained to cancel that order by another order, Ext. P7 dated 1-11-1972. Consequently, the petitioners, who could not pass the tests in . spite of all efforts made by them within the period of six years from 1966 till " 1972 had to be reverted. These petitions have, therefore, been filed to quash Ext. P7, and also to quash the prescription of the two additional tests in the Special Rules as a requisite qualification for being promoted as Head Surveyors.