SUGATHAN Vs. SHAHUL HAMEED

JUDGEMENT

(1.) When these Writ Appeals came up for hearing before a Division Bench of this Court, the Division Bench perceived a conflict between two earlier Division Bench decisions, one in W.A. No. 1563/2001 and connected cases and the other in W.A. No. 424/2000, on the same issue, which is under consideration in these Writ Appeals. The Division Bench therefore chose to refer the matter for decision by a Full Bench. It is under the above circumstances that these Writ Appeals have come up for hearing before us.

(2.) The common issue involved in these cases is as to whether the Government Order, issued in G.O(Ms) No. 39/2001/TD dated 30-3-2001 ordering that, while applying the 1:1 ratio, now existing in the Kerala Excise and Subordinate Service Rules, for promotion to the category of Excise Preventive Officer from among Excise Guards possessing the minimum qualification of SSLC and those who do not possess SSLC qualification, a senior Excise Guard, who possesses the minimum educational qualification of pass in SSLC or its equivalent, shall not be superseded by a junior Excise Guard who does not possess the qualification of pass in SSLC examination or its equivalent has the effect of amending the Special Rules themselves and therefore unsustainable.

(3.) In these cases, W.A. No. 2302/2005 is filed by that category of Excise Guards who do not possess the qualification of SSLC. W.A. No. 1886/2005 is filed by those Excise Guards who do possess SSLC or equivalent qualification and W.A. 1665/2005 is filed by the State supporting the above said Government Order. The bare facts necessary for disposal of these Writ Appeals are as follows.