N N SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) SPECIAL Rules generally provide for promotion as method of appointment as Head of the Service. In spite of the availability of a qualified, competent and eligible incumbent, is the Government empowered and justified in appointing an Officer from All India Service?

(2.) PETITIONER is aggrieved since he was not considered for appointment to the post of Director of Animal Husbandry, instead the second respondent who is an IAS Officer, has been appointed. PETITIONER joined service as a Veterinary Surgeon on 11. 12. 1989. On further promotions, he was appointed as Additional Director on 25. 7. 1996. The post of Director fell vacant on 30. 9. 2002 on the retirement of the then incumbent. Being the senior most additional Director, petitioner was given the additional charge as per Ext. P3 and the petitioner has been continuing as such. While so, as per Ext. R4 order dated 21. 5. 2004, the second respondent was appointed as Director by creating an ex-cadre post for a period of one year.

(3.) IN order to appreciate the rival contentions it is necessary to refer to the statutory provisions governing the field. The Kerala Animal Husbandry Service Rules in the matter of appointment provide as follows: "3. Appointment - Appointment to the various categories shall be made as follows:-