VIJAYAKUMARAN PILLAI Vs. THANKAPPAN

JUDGEMENT

(1.) All these Writ Appeals arise from a common Judgment. Original Petitions from which the Writ Appeals are filed are O. P. No. 5636/88, O. P. No. 8546/88, O. P. No 4578/90 and O. P. No. 5838/88. In all the above Original Petitions excepting O. P. No. 5638/88, the reliefs were the same. In O. P. No. 5838 of 1988 a different relief was claimed. Writ Appeals filed against O. P. No. 5838/88, W. A. Nos. 967/92, 1175/92 and 1433/92, are considered separately.

(2.) The issue in question is with regard to the appointment of Municipal Commissioners Grade III. The appointment of Municipal Commissioner Grade in is governed by the Kerala Municipal Commissioners (Recruitment and Conditions of Service) Rules, 1964 (hereinafter referred to as the Rules). These Rules were amended by G. O. (MS) No. 77/82/LA & SWD dt. 23.4.1982 with effect from 22.6.1982. The challenge is against the Rules as they are amended.

(3.) As already submitted, the Rules deal with the appointment of Municipal Commissioners. Under R.3 of the Rules, three categories of Municipal Commissioners are constituted, they are Municipal Commissioners Grade I, Municipal Commissioners Grade II and Municipal Commissioners Grade III. R.4 of the Rules deals with method of appointment. For Municipal Commissioner Grade II the appointment is by promotion from Municipal Commissioner Grade HI, while for Municipal Commissioner Grade I, it is by promotion from Municipal Commissioner Grade II. So far as Municipal Commissioners Grade III are concerned, prior to the amendment in 1982, there were two methods of recruitment; one was by direct recruitment and the other was recruitment by transfer. The direct recruitment was from the categories mentioned in Clause (a) (i) to (iii), cl. (b) & cl. (c). Clause (c) related to open market. Second method was recruitment by transfer from among persons who have served for a particular period as Superintendent/Upper Division Clerk in the Department of Municipalities. R.7 of the Rules deals with reservation of appointment. R.7 prior to the amendment stated that R.14 to17 of the Kerala State and Subordinate Services Rules relating to reservation of appointments shall apply to appointment by direct recruitment of Municipal Commissioners Grade III. Thus, prior to the amendment in 1982 the principles of reservation applied for direct recruitment for appointment to the posts of Municipal Commissioners Grade III.