WILSON Vs. REGISTRAR KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The short question that falls for decision in the writ petition and in the writ appeal is whether the members of the non teaching staff transferred to the Kerala Agricultural University (the University) on the one band, and those of the non teaching staff recruited to the University direct on the other, are to be treated differently in regard to the need for acquiring test qualifications for the purpose of promotion, probation etc. For the sake of convenience we would take up the writ appeal in the first instance; and would apply the conclusion reached therein for the disposal of the writ petition.

(2.) The appellants are the petitioners in O. P. No. 1541 of 1977 - A. They entered Govt. service having been appointed Lower Division Clerks on the advice of the Kerala Public Service Commission in the Department of Agriculture / Animal Husbandry on 25-1-1961 and 16-8-1961 respectively. They were respectively promoted on the basis of seniority, to be Upper Division Clerks, on 24-4-1972 and 4-10-1972, respectively. They ceased to be in Government service on their services having been transferred to the University under S.58(4)(b) of the Kerala - Agricultural University Act, (Act 33 of 1971), the Act, with effect from 1-2-1972. Respondents 1 to 3 respectively are the State of Kerala, the University and the Registrar of the University. Respondents 4 to 9 are persons recruited direct to the post of Lower Division Clerks in the University. Ext. P1 is the copy of order No. GA(2)10655/73(I) dated 25-7-1973 passed by the 3rd respondent, the Registrar, appointing certain persons to be Lower Division Clerks in the University. Para.3 of Ext. P1 provides inter alia that pending issue of Kerala Agricultural University Service Regulation/Rules, the candidates would be governed by the K. S. R. Ext. P2 is the copy of order No. FA(1)-18269/73 dated 30-9-1974 passed by the Registrar wherein towards the end it is stated as follows:-

(3.) We have extracted Para.6 of Ext. P6 in its entirety because the challenge in the writ petition was directed mainly against such conditions therein as would adversely affect the petitioners who are transferred employees of the University.