GANESH PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners were appointed as Lower Division Clerks in various Departments under the State Government. Respondents 4 to 11 commenced service in the Harijan Welfare Department. The Tribal Welfare Department was a wing of the Harijan Welfare Department since 1975. In 1979 the Department of Harijan Welfare was bifurcated into Departments of Harijan and Tribal Welfare. Since the Tribal Welfare Department was a newly formed one, and even the Harijan Welfare Department was of comparatively recent origin, there was dearth of qualified Lower Division Clerks for promotion as Upper Division Clerks Promotion to the post of Tribal Extension Officer was from the posts of qualified Upper Division Clerks. At the time of the organisation of the Tribal Welfare Department as a separate Department, there was dearth of qualified hands for promotion as Tribal Extension Officers. It was felt administratively expedient to invite qualified personnel from other Departments to be transferred over to the Tribal Welfare Department. Ext. P1 was, therefore, issued by the Director of Tribal Welfare Department, requesting the Heads of all Departments to forward applications from Lower Division Clerks in those Departments who had passed Account Test (L) and who were willing to come over to the Tribal Welfare Department on interdepartmental transfer basis, subject to the condition that such persons were willing to abide by the terms and conditions laid down by the Government in that regard. Petitioners who were working as Lower Division Clerks in the Agriculture Department, Public Works Department, and Judicial Department applied pursuant to Ext. P1 and were appointed as Lower Division Clerks under the second respondent on 7-7-1980, 8-7-1980 and 1-8-1980 respectively. They were promoted as Upper Division Clerks by order dated 11-7-1980 (petitioners 1 to 3) and 19-8-1980 (petitioners 4 to 6). Petitioners 1 to 3 were further promoted as Tribal Extension Officers by Ext. P2 order dated 4-9-1980 and subsequent orders. The other petitioners were so promoted by orders dated 22-11-1980 and 6-10-1981.

(2.) Respondents 4 to 11 who were working as Lower Division Clerks at the time of formation of the Tribal Welfare Department had admittedly not acquired test qualifications for promotion as Upper Division Clerks. It also appears that they had not completed the two years period necessary for promotion. In Ext. P3 G. O. dated 14-4-1971, it appears to have been ordered that interdepartmental transferees would be considered for promotion as Upper Division Clerks only after they completed two years of service in the posts to which they were transferees, since the junior-most Lower Division Clerk in the transferee Department would be promoted as Upper Division Clerk only on completion of the period of two years. Ext. P3 Government Order was apparently intended to safeguard the interests of the junior most on the transferee Department by insisting that the new comer to that category in that Department, who entered the Department by interdepartmental transfer on request, should not steal a march over a person working in the transferee Department who had not attained eligibility for promotion by the time of inter departmental transfer. This Original Petition was filed apprehending that Ext. P3 Government Order would be used against them, by reassignment of their ranks.

(3.) Seven posts of Junior Superintendents were sanctioned in that Department by Ext. P4 order. Such posts were sought to be filled up by upgrading 7 posts of Head Clerks/Tribal Extension Officers, which were occupied by respondents 4 to 11. This result could be achieved, only if the principle of Ext. P3 was made applicable to the petitioners also by insisting that the dates on which they could have been promoted as Upper Division Clerks were postponed till after the completion of two years of service in the Tribal Welfare Department after their interdepartmental transfer 10 that Department and subject to the seniority of Lower Division Clerks in the Tribal Welfare Department as on the dates of such interdepartmental transfer. Petitioners submit that their transfer to the Tribal Welfare Department was occasioned by paucity of required number of qualified Lower Division Clerks for promotion as Upper Division Clerks, and cannot, therefore, be treated as inter departmental transfer on request. It is their case, that their transfers were in the exigencies of service and therefore they should not be deprived of the benefit of the service rendered in the transferor Department for the only reason that they responded to Ext. P1 inviting applications for transfer in the exigencies of service Petitioners, therefore, seek the issue of a writ of certiorari to quash Ext. P4 order, in so far as it upgrades 7 posts of Head Clerks/Tribal Extension Officers from the 7 Tribal Development Officers to posts of Junior Superintendents till special rules are framed by the Tribal Welfare Department. They also seek the issue of a writ of certiorari to quash Ext. P3 order.