S. ANSAD Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The question whether the temporary exemption provided in Rule 13 A (i) (a) of Part II of the Kerala State and Subordinate Services Rules, 1958 (hereinafter referred to as 'the General Rules' for short) to the members of Scheduled Castes/Scheduled Tribes is applicable to the special tests which are essential qualifications prescribed under the Special rules, and a further question whether the said exemption is applicable to promotion alone and not for appointment by transfer, have come up once again for consideration in these O.P.(KAT)s as well as Writ Appeals. All the Original Petitions are filed by the Government; whereas W.A No. 668 of 2009 and W.A No. 2764 of 2009 are filed by third parties against the very same judgment in W.P(C) No. 38283 of 2007. As the issue arising for consideration is common, all these cases were heard together and are disposed of by this common judgment.

(2.) By the impugned judgment and the impugned orders herein, this Court and the Kerala Administrative Tribunal ('KAT' for short) have declared that, the party respondents who are members of Scheduled Caste/Scheduled Tribe Communities are entitled to appointment to the post of Superintendent of Survey and to that of Technical Assistants in the Department of Survey and Land Records in preference to their juniors, in recognition of their claim for temporary exemption under Rule 13A of the General Rules from pass in the tests prescribed.

(3.) We heard Sri. Mohamed Shaffi, the learned Government Pleader, Sri. Unnikrishna Kaimal for the appellant in W.A No. 2764 of 2009 and the learned Counsel appearing for the party respondents. The grounds of attack are twofold : (i) the exemption envisaged in Rule 13A is for promotion alone and not for appointment by transfer; (ii) there cannot be any exemption from the essential qualification as held in Sarojiniamma V State of Kerala & others :2002(3) KLT 573; therefore those who have not passed the Head Surveyor's/Head Draftsman's test, Account Test Lower and Revenue Test cannot be given appointment granting temporary exemption.