T. P. KESAVAN UNNI, SPECIAL DEPUTY TAHSILDAR (LAND REFORMS), CHITTUR, PALGHAT AND OTHERS Vs. THE STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) These 41 applications which have been classified by us into three groups can be disposed of by a common judgment. The petitioners in the first group of six petitions are those who were working in the erstwhile Madras State in the Revenue Department and who were allotted to the State of Kerala on its formation on 1-11-1956. The petitioners in the writ applications in Group II are those who have been appointed in the Travancore Cochin State also in the Revenue Department and who also were allotted to the State of Kerala on its formation on 1-11-1956. The petitioners in Group III are those who have been appointed on or after 17-12-1958 in the State of Kerala in the Revenue Department.

(2.) In the erstwhile Madras State the recruitment and the seniority of persons in the Revenue Department were controlled by the Madras Ministerial Service Rules. The unit for seniority was the District under those Rules. In the Travancore Cochin area also at least from 8-7-1959 the same principle of District-wise seniority was introduced. On 27-3-1962 a modification was made in regard to the appointment of Tahsildars in the Travancore Cochin area by providing that State-wise seniority would be the criterion. A direction was issued on 3-2-1965 that a District-wise seniority list must be prepared with reference to categories other than Tahsildars and such a list was published on 17-2-1966.

(3.) However, on 25-5-1974 rules were framed with effect from 25-9-1962. The explanatory note to these rules stated that it has been decided for administrative reasons to adopt the State as the unit for promotion to ensure equal chances of promotion. This statement was clarified by an amendment introduced to the rules by a notification dated 14-2-1975 published in the Kerala Gazette Extraordinary of the same date. Rule 9 as envisaged in that notification was incorporated into the rules published, on 25-5-1974. Those rules specifically provided that for the purpose of appointment to the service, discharge, re-appointment, seniority, and appointment as full members, the State shall be the unit.