SHAIBY JOHN Vs. PAULSON

JUDGEMENT

(1.) These Writ Appeals, though arising from two different judgments, relate to certain questions under the Kerala Craftsmen Training Subordinate Service Rules, which are Special Rules issued by Government of Kerala. We have heard the learned senior Government Pleader and the learned counsel appearing for the employees involved in these litigations.

(2.) Appointment to the category of Junior Instructor is by direct recruitment. The posts of Senior Instructors are to be filled up by promotion from the category of Junior Instructors. Therefore, the Recruitment Rules take care of the method of appointments; direct recruitment being the method of appointment of Junior Instructors and promotion being the method of appointment of Senior Instructors. Certain posts are also provided for by-transfer appointment.

(3.) But, the issue in hand is as to whether the aforenoted provision in the Special Rules impairs the authority of the Government to transfer and post officers as Senior Instructors and Junior Instructors, when exigencies of service arise in that regard.