BABU RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The question referred to the Full Bench particularly concerns the interpretation of R.31(e) of the Kerala State and Subordinate Service Rules, 1958 (for short the Service Rules). When persons directly recruited were pushed down in the seniority list below some persons who were promoted provisionally, they contended that as per the rules, that cannot be done. But Government maintained that what they did was correct. So those persons who are directly recruited challenge the Government orders. As the original petitions were referred to the Division Bench, their Lordships, in turn, referred them to the Full Bench. This was in view of ah apparent conflict between the Full Bench decision of this Court in State of Kerala v. Somarajan & others ( 1984 KLT 293 ) and the decision of Justice Dr. Kochu Thommen and Justice Balakrishnan in W.A.No.258/1981 in which the Full Bench decision was quoted.

(2.) ExtP2 Government order was issued on 14-7-1977 by which services of respondents 2 and 3 were regularised from the date of the promotion. ExtP3 is another Government order by which other persons similarly promoted as Dy.S.Ps. were also given regularisation of their services.

(3.) Ext. P1(a) is the seniority list of Dy.S.Ps. dated 16-8-1979 in which respondents 3 and 4 are shown as above the petitioners' in rank (their ranks respectively are 26 and 27 whereas petitioners ranked as 74, 81 and 92 respectively.