THANKARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The questions that arise for consideration in these Writ Appeals and Original Petitions relate to the seniority of officers in the various cadres in the Revenue Department. Learned counsel appearing on either side and the learned Additional Advocate General, who represented the Board of Revenue and the State, submitted that this Court need not deal with the claims of individual petitioners, appellants or respondents in the case and this Count need only lay down the law as to how the seniority of personnel in different categories of posts in the Revenue Department is to be fixed. It is conceded before us that if such a principle is stated by this Court, the implementation thereof will redress the grievance of all the parties to the proceedings. In the light of this submission, we consider it not necessary to deal with the individual cases of the petitioners, appellants or of the respondents. We proceed to examine the rules applicable to the service and as to how the seniority of personnel belonging to the different categories of posts in the Revenue Department are to be settled.

(2.) The personnel in the Revenue Department are governed by four sets of Special Rules. The first one is the Kerala Revenue Ministerial Subordinate Service, consisting of

(3.) The Ministerial Subordinate Service was first constituted by Special Rule issued in G.O. (P) 413/RD, dated 14th May 1975. At that time, the service consists of (a) Head Clerk/Head Accountant, (b) Upper Division Clerks, and (c) Lower Division Clerks. Head Clerks and Head Accountants were the promotion posts of Upper Division Clerks. Upper Division Clerks were the promotion posts from Lower Division Clerks and by transfer from among qualified Upper Division Typists and Stenographers. Appointment to the category of Lower Division Clerks were direct recruitment, transfer from among Copyists and Village Officers and Village Assistants and by appointment of Lower Division Typists declared eligible for appointment as Lower Division Clerks. These three categories were to be selected in the ratio of 9:4:7. The rule was subsequently amended by G.O. (P) 851/80/RD, dated 16th June 1980. The categories of posts, as per the Special Rules were (a) Head Clerk/Head Accountant, (b) Upper Division Clerk, and (c) Lower Division Clerk. Head Clerks/ Head Accountants are appointed by promotion from Upper Division Clerks. The post of Upper Division Clerk is to be filled up by promotion from Lower Division Clerks and by transfer from among qualified Upper Division Typists and Stenographers. Methods of appointment to the category of Lower Division Clerk were (a) by direct recruitment, (b) by transfer from among Copyists and Village Officers and Village Assistants, and (c) by appointment of Lower Division Typists declared eligible for appointment as Lower Division Clerks. The above rules did not contain a category of Firka Revenue Inspector or Special Revenue Inspector. But by virtue of executive orders issued by the Government, Village Officers and Lower Division Clerks were being posted as Firka Revenue Inspectors or Upper Division Revenue Inspectors. This was recognised in the Special Rules dated 14th May 1975 as per Note-1 to R.2. Note stated that the Upper Division Clerks may be posted as Revenue Inspectors in charge of Firkas or on other duty as Special Revenue Inspectors or as Revenue Supervisors to suit administrative convenience. Likewise Village Officers were being posted as Revenue Inspectors. The rule framed in 1985 as per G.O. (P) 601/85/RD, dated 12th June 1985 the said category, namely Firka Revenue Inspector/Special Revenue Inspector, was included as the second category just below the Head Clerk/Head Accountant and above Upper Division Clerk/Village Officer including Special Village Officer. Thus the Firka Revenue Inspectors/Special Revenue Inspectors constitute a separate category above the Upper Division Clerk/ Village Officer, including Special Village Officer.