RAMAKRISHNAN EZHUTHACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ applications have come before us by virtue of an order of reference, dated 26th November 1963.

(2.) The two cases raise a common question and it will be sufficient to refer to the Exhibits produced and marked in O. P. No. 1715 of 1963 and to state the facts relating to the petitioner therein. Conclusions reached on those facts must necessarily apply to the petitioner in O. P. No. 1716 of 1963.

(3.) These are the facts. The petitioner in O. P. No. 1715 was appointed as an Inspector of Local Fund Accounts on 4th December 1957 pursuant to Ex. P 8 order, dated 27th November 1957. He continued in that post till he was reverted consequent on Ex. P 9 order, dated 11th September 1959. He was again promoted by Ex. P 10 order, dated 18th May 1962. This promotion is said to be under R.31(a)(1) of the Kerala State and Subordinate Services Rules which had come into operation in the meantime. There was a proposal thereafter to revert the petitioner and the petitioner made representations against this proposal and this is evidenced by Ex. P 1, dated 31st January 1963. But by Ex. P 11 order, dated 23rd March 1963 the petitioner was ordered to be reverted though it is mentioned subject to review based on the orders that may be passed on their representations which are under consideration of Government.