T S SAIFUDDIN Vs. STATE OF KERALA REP

JUDGEMENT

(1.) This matter has been placed before us on a reference made by Justice K. Balakrishnan Nair after having noticed that the Full Bench of this Court in Balakrishnan Nair v. Ram Mohan Nair 1998 (1) KIT 766 had not considered the correctness or otherwise of the judgment of the Division Bench in W.A .Nos. 1380 of 1994 and connected matters and also with regard to the interpretation of Clause (c) of Rule 8 of the Kerala State and Subordinate Service Rules and hence felt that an authoritative pronouncement is necessary on the scope of Clause (c) of Rule 8 of K.S. & S.S.R by a larger Bench.

(2.) The Full Bench of this Court in Balakrishnan Nair's case, 1998 (1) KLT 766 supra, has specifically considered the scope of Clauses (a) and (b) of Rule 8 of the General Rules which enables a member of a service who is absent from duty in such service to return back to that service if he is not otherwise ineligible. The question as to whether such a person is eligible for appointment to a substantive or officiating vacancy in another service was not the issue which came up for consideration before the Full Bench. Division Bench of this Court in WA No. 1380 of 1994 decided on 23rd February 1986, prior to the decision of the Full Bench, had taken a contrary view in the case of ministerial staff of the police/vigilance department who had left to join K. S. E. Board, General Education Department etc. The Bench took the view that unless they continue in the parent department they cannot aspire for the post of Sub Inspector of Police which is to be filled through Public service Commission. Similar view has been taken by another Division Bench in W.A. No. 1437 of 2003 and W.A. No. 1440 of 2003. Few of the other judgments cited before us are relating to the appointment to the post of Clerk/Cashier in the District Co-operative Bank. Interpreting the provision, a Bench of this Court in Vijayan v. Kerala Public Service Commission 2005 (1) KIT 440 took the view that the object of Rules 186 and 187 of the Co-operative Societies Rules is to provide an avenue for appointment to the persons working within the district in the societies affiliated to the District Co-operative Bank. Similar is the view taken by two other Division Benches in W. A .2048 of 2005 and Biju v. State of Kerala 2005 (4) KLT Short Notes 84 page 62. Cases dealing with co-operative societies fall on a different facts situation and can be easily distinguished on facts and on law, unlike the judgment in W.A. Nos. 1380 of 1994, 13 of 1995, 13852 of 1994 and the judgment in W.A. No. 1437 of 2000 and W.A. No. 1440 of 2003.

(3.) Petitioner in W.P.C. No. 34556 of 2004 commenced service as Lower Division Clerk in the Municipal Common Service with effect from 6.7.1968. He was promoted as U.D. Clerk on 25.3.2001 and completed probation in that cadre on 6.5.1992. The Kerala Public Service Commission invited applications for appointment to the post of Municipal Secretary Grade III as per notification published in the gazette dated 20.11.2001 and the petitioner submitted application in January 2002.