SARASAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS challenge Ext. P2 order dated 18-6-1985 reverting them from the posts of Managers of Panchayats to Head Clerks. At the time when the Original Petition was filed on 21-6-1985 the order of reversion was not produced. It was produced along with C. M. P. No. 17630 of 1985 seeking amendment of the Original Petition and impleadment of additional respondents. That application was filed on 24-6-1985 and was allowed on 26-6-1985.

(2.) PETITIONERS were appointed initially as Panchayat assistants. They were, thereafter, promoted as Head Clerks. Qualifications and other conditions of service of personnel working in the Panchayats were governed by the Kerala Panchayats (Establishments) Rules, 1967. R. 12 (2) of the above rules enables the first respondent to prescribe qualifications. Such qualifications have been prescribed by Notification dated 27-6-1969. Those rules were replaced by the Kerala Panchayats (Common Service) Rules, 1977, (hereinafter referred to as the Common Service Rules ). According to R. 9 of the common Service Rules, possession of SSLC,10 years of service as regular panchayat employee, a pass in Panchayat Test and Account Test (Lower) were necessary qualifications for appointment as Head Clerk. In G. O. Ms. 18/84/la and sv%td dated 24-1-1984 qualifications for the post of Panchayat Managers were prescribed. Apart from the general educational qualification and qualifying service as per the Establishment Rules, pass in Account Test (Lower) and Panchayat executive Officer's Training or Panchayat Test were prescribed as qualifications for promotion as Managers. In Ext. P1 order dated 15-3-1984, petitioners, who had all the necessary qualifications, were promoted as managers. Unqualified persons, though seniors, were reverted, since the government was of the opinion that in view of the Government Letter dated 24-1-1984, persons without the prescribed qualifications could not continue as managers. Some of the unqualified Panchayat Employees, who were reverted in consequence of Government Order dated 24-1-1984, filed Original Petitions before this court claiming exemption for a period of two years from 24-1-1984 under R. 13a of the Kerala State and Subordinate Services Rules to acquire the special qualifications. Interim orders issued by this court in some of those original Petitions occasioned an attempt to revert the petitioners. They filed o. P. No. 697,784, 661 and 878 of 1985, and avoided their reversion. The batch of Original Petitions challenging the validity of Government Order dated 24-1-1984 were disposed of by a common judgment by U. L. Bhat, J. , by judgment in o. P. No. 7595 of 1983 series on 12-4-1985. It was found that persons who had been promoted as Head Clerks prior to 1-4-1977 would be entitled to exemption from acquiring special qualifications for a period of two years from 24-1-1984 under rule 13a of the Kerala State and Subordinate Service Rules (hereinafter referred to as the General Rules), if they were otherwise qualified. Persons who were promoted as Head Clerks on or after 1-4-1984 were not to have this benefit. The court also directed that the District Panchayat Officers should examine the claims for the benefit of exemption under the General Rules before passing fresh orders of promotion/ reversion. Reversions from the post of manager/ Head Clerk were to be ordered on grounds of absence of test qualifications only if fully qualified persons were available to be promoted to such posts. It was in consequence of that judgment that Ext. P2 order was passed on 18-6-1985. PETITIONERS submit that the common judgment of U. L. Bhat, j. , disposing of O. P. No. 7595 of 1983 series did not direct reversion of qualified Managers, who were already in position. Such reversions had to be ordered only if qualified persons were not available. Even assuming that a period of exemption was available till 23-1-1986 by virtue of R. 13a of the general Rules, promotion of unqualified seniors and consequential reversion of qualified juniors were not called for. It was on these allegations that the petitioners came to this court. Subsequent events, however, disclose that the unqualified seniors were trying to oust the qualified juniors like the petitioners. PETITIONERS had submitted Ext. P3 representation dated 20-7-1985 before the Director of Panchayats requesting that they might not be reverted from the posts of Managers so as to enable the unqualified seniors to continue indefinitely in posts requiring test qualifications. No orders were passed on that representation. In C. M. P. No. 22261 of 1985, this court passed an order on 7-8-1985, directing the second respondent to dispose of Ext. P3 representation in accordance with law within two months from the date of receipt of a copy of the order.

(3.) COUNSEL submitted before me and it is not controverted that the petitioners in O. P. No. 2681 of 1984, one of the cases disposed of in the common judgment, had filed W. A. No. 230 of 1985 and this court has not passed any order of stay of implementation of the judgment. COUNSEL submitted that the government was trying to over-ride the effect of the judgment of this court and was practically directing stay of implementation of the judgment of this court.