REGIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) These two writ petitions are instituted by the Amins/ Last grade employees working in the Kerala Judicial Ministerial Subordinate Service. The petitioners in W.P.(C) No.26894 of 2022 are stated to be Amins working in the Idukki District, whereas the petitioners in W.P.(C) No.12035 of 2022 are stated to be last grade employees working in the Civil Judiciary wing in the Ernakulam District.

(2.) For ease of reference, the facts as highlighted in W.P.(C) No.26894 of 2022 is noticed. The petitioners in this writ petition, as noticed earlier, are stated to be Amins working in the Idukki District. The petitioners state that with reference to the provisions of the Kerala Judicial Ministerial Subordinate Service Rules, 1975, (for short, "Special Rules, 1975') they are entitled for by-transfer appointment to the post of 'Clerk'. They state that on the basis of the Office Memorandum at Ext.P1 dtd. 29/11/2017 issued by the High Court of Kerala, as against the ratio 1:1, the appointments were sought to be made in the ratio 9:1. The petitioners further state that Ext.P1 Office Memorandum was issued by the High Court essentially on the basis of the contents of the Government Order of the year 2014 produced by the High Court of Kerala in their counter affidavit as Ext.R3 (a). The petitioners further contend that the High Court was informed that insofar as a special consideration with reference to the ratio was provided under the Special Rules, 1975, there was no requirement for the High Court to have made reference to the Government Order of the year 2014. On that basis, the petitioners further state that the High Court sought to get clarifications from the Government, and the Government issued Ext.P4 Government Order dtd. 24/8/2019, clarifying that the Government Order of the year 2014 would not apply with respect to cases where Special Rules are available. On the basis of the clarification at Ext.P4, the petitioners further state that Ext.P5 Official Memorandum is also issued by the High Court, dtd. 23/9/2019, as under:-

(3.) Heard Sri. V. Varghese, the learned counsel for the petitioners in W.P.(C) No.26894 of 2022 as well as Sri. Millu Dandapani, the learned counsel for the petitioners W.P.(C) No.12035 of 2022. I have also heard Sri. B.G. Harindranath, the learned senior counsel for the High Court of Kerala as well as Smt. A. Aruna, the learned counsel representing the party respondents, who got themselves impleaded in both cases.