A N ASOKAN Vs. STATE

JUDGEMENT

(1.) Issues raised in these appeals and O.P. are one and the same. So we consider it advantageous to dispose of these matters by a common judgment.

(2.) State is the appellant in W.A. 1337/94. They challenge the decision rendered by a learned single Judge in O.P. 6959/89. Appellant in W.A. 80/89 are challenging the decision rendered by a learned single Judge of this Court in O.P. 509/84. They were not parties to that O.P. With the leave of this court, they have preferred this appeal. This Court's order allowing them to question the decision in O.P. 509/84 was challenged before the Supreme Court in Special Leave to Appeal (Civil) 14530/89. During the pendency of that appeal, the interim stay of operation of the judgment in O.P. 509/84 passed by the Division Bench of this Court was stayed by the Supreme Court. Later Special Leave Petition was dismissed by the Supreme Court on 4-5-95. W.A. 629/91 is against the decision in O.P. 6576/84. Appellants were not parties to O. P.6576/84. After obtaining leave of this court, they challenge the decision rendered by the learned single Judge in O.P. 6576/84. State is the appellant in W.A. 749/91. Judgment rendered by a learned single Judge in O.P. 8612/88 is under attack in that appeal.

(3.) State Government appointed petitioners in me O.Ps. which give rise to the appeals as Assistant Engineers in the Department in the Public Works under R.9(a) (i) of the Kerala State and Subordinate Service Rules hereinafter referred to as the General Rules. While they were holding the post on temporary basis, they were selected by the Public Service Commission for filling up the post of Assistant Engineers in the Public Works Department. On the basis of the rank obtained by them in the ranked list published by the Commission, they were advised and appointed as Assistant Engineers. They wanted regularisation in service and fixation of rank with effect from the date of their entry in service under R.9(a)(i) of the General Rules. In other words, they want seniority and regularisation on the basis of the date of the order of their first appointment to the service under R.9(a)(i) of the General Rules. Government did not concede this request. Hence the O.Ps. were filed for the above relief.