DIVAKARAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE writ appeals have been heard together as they raise a common question.They are directed against the judgment of a learned Judge of this court.The question raised is as to whether under the Kerala Statistics and Economics Service(Special)Rules,direct recruitment should be confined only to substantive vacancies in the permanent cadre or could be had even against temporary vacancies in a non -permanent cadre.The learned Judge took the view that there were no grounds for limiting direct recruitment to substantive vacancies in the permanent cadre.We think he was right and we have no hesitation to affirm his judgment.

(2.) RULE 5 of the General Rules reads: 5. Method of recruitment."Where the normal method of recruitment to any service,class or category is neither solely by direct recruit­ment nor solely by transfer but is both by direct recruitment and by transfer " (a)the proportion or order in which the Special Rules concer­ned may require vacancies to be filled by person recruited direct and by those recruited by transfer shall be applicable only to substantive vacancies in the permanent cadre. (b)a person shall be recruited direct only against a substantive vacancy in such permanent cadre,and only if the vacancy is one should be filled by a direct recruit under the Special Rules referred to in clause(a)and (c)recruitment to all other vacancies shall be made by transfer. Note."( 1)All permanent vacancies and temporary vacancies except those of short duration shall be treated as substantive vacancies. (2)Leave vacancies and vacancies of less than 6 months duration shall be treated as vacancies of short duration ;. This has to be read along with rule 2 of Part II which is as follows: ( 2) Relation to the Special Rules."If any provision in the general rules contained in the part is repugnant to a provision in the special rules applicable to any particular service contained in Part III,the latter shall in respect of that service,prevail over the provision in the general rules in this part ;. The question therefore is whether there is any provision in the general rules which is repugnant to a provision in the special rules.