T K GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The main attack in this batch of writ petitions is against the validity of the "Special Rules for the categories of Head Clerk/ Head Accountant, Upper Division Clerk and Lower Division Clerk of the Kerala Land Revenue Department included in the Kerala Ministerial Subordinate Service'', framed by the State Government on 16th June, 1980 in exercise of power under the Kerala Public Services Act.

(2.) The facts and circumstances leading to the issue of the impugned Rules are relevant. The clerical staff of the Revenue Department of the State consisted of three groups of employees: (i) those allotted from the erstwhile composite State of Madras on 1-11-1956 consequent on States reorganisation; (ii) those similarly allotted from the former Travancore-Cochin State and (iii) those appointed into the services of the Kerala Government after 1-11-1956. The first group ("Madras allottees") were governed by the provisions of the Madras Ministerial Service Rules. The second group ("T. C. allottees") were governed only by executive orders, as the T. C. Government had framed no statutory rules regarding qualifications, method of recruitment, promotion, ratio etc. As regards the third group ("Kerala recruits") there were really no binding rules or orders at all, as will presently he seen.

(3.) Under the Madras Ministerial Service Rules a Lower Division Clerk of the Revenue Department was eligible for promotion as Upper Division Clerk only after:-