STATE OF KERALA Vs. C CHATHAN

JUDGEMENT

(1.) Petitioners were working in the cadre of Head Clerks/Revenue Inspectors. When juniors of the petitioners were promoted as Deputy Tahsildars by Ext.P2, petitioners approached this Court. They were not given appointment by transfer as Deputy Tahsildars because, according to the Government, they were not having the required essential qualification for the above post. Petitioners are members of the Scheduled Caste Community and the learned Single Judge was of the opinion that in view of Rule 13 A of Part II of the Kerala State and Subordinate Services Rules (hereinafter referred to as 'the K.S.S.S.R.'), they were exempted from passing the required tests as provided under the Kerala Revenue Subordinate Service Special Rules (hereinafter referred to as 'the Special Rules') and, therefore, petitioners are entitled to get promotion and directed the Government to grant promotion to them, if they are otherwise qualified.

(2.) Appointment of Deputy Tahsildars can be made by direct recruitment or by recruitment by transfer as provided under the Special Rules. Rule 7 of the Special Rules prescribes qualification for appointment of Deputy Tahsildars. It is as follows:

(3.) It is contended by the learned Government Pleader that the Special Rules specifically mentions about the minimum qualifications for appointment by transfer. A person cannot be given appointment by transfer without the minimum qualification. It is the contention of the Government that Rule 13A of the K.S.S.S.R. which grants temporary exemption for promotion to persons belonging to the scheduled castes/tribes is applicable only to promotions and not for appointment by transfer and relied on the decision of this Court reported in K.A. Mathew v. State of Kerala and Ors. (1985 (1) ILR Kerala 657). There, the learned Single Judge was considering Rule 13B of the K.S.S.S.R. According to the learned Single Judge, Rule 13B is only giving exemption with regard to passing of obligatory tests for normal promotion or completion of probation to all persons who have completed 50 years of age. The above view was upheld rightly in Sarojini Amma v. State of Kerala (2002 (3) KLT 573) by a Division Bench of this Court, On a reading of Rule 13B, no other view is possible. That only gives exemption to obligatory tests for normal promotion and appointment of full member of service. Only those persons who possess the qualification alone can ask appointment by transfer. Pass in certain tests were mentioned as essential qualification for appointment by transfer. Merely because one has completed 50 years of age will not entitle him to get eligibility for appointment by transfer. That is an essential qualification prescribed for appointment to that post. Rule 13B of the K.S.S.S.R. reads as follows: