RADHAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners were Taluk Supply Officers. They were eligible for being considered for selection to the cadre of District Supply Officers. Selection was to be made by a Departmental Promotion Committee constituted under R.28(b)(i) of the Kerala State and Subordinate Services Rules, and in accordance with the procedure prescribed therein. At a meeting of the Committee held on 10-6-1980 a 'select list' was prepared and forwarded to the Government for approval. The petitioners were included in the said list. But Government declined to approve it and returned it to the DPC on the ground that certain senior officers in the feeder category, against whom proceedings for imposition of minor penalties alone were pending, were excluded from the list, contrary to Note (i) to R.28(b)(i)(7). The DPC considered the matter again on 12-9-1980. They found that Government was right. The case of those senior officers were then considered and a fresh list was drawn up; and in the process, comparatively junior officers like the petitioners lost their selection. The complaint is that the DPC could not have revised the first list in the above fashion, in view of the various sub clauses of R.28(b)(i), and also in view of R.29.

(2.) Sub clauses (1) to (6) of R.28(b)(i) are not very material, except that they provide for the composition of the DPC, the field of choice, the data to be taken into account and other allied matters. Sub clause (7) provides that the DPC shall prepare a 'select list' from among eligible officers on the basis of merit and ability, and that persons included in the list shall be ranked in the order of seniority in the lower category. Note (i) to the sub clause prescribes a special approach to cases of officers:

(3.) Sub clause (8)(a) of R.28(b)(i) provides for publication of the select list after approval by the Government. No reassessment of merit is ordinarily permissible, even under R.29, once the list is approved and published. But a superseded officer can make a representation to the DPC; and if the Committee feels that a revision is called for, it can make a recommendation to that effect. If the Government accepts the recommendation, the list can be revised accordingly and published.