VIJAYAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a seniority list of Government servants be prepared only on the basis of the age of the personnel Can any principle of reservation be applied in public employment, without any enabling provision These are the issues arising for decision in these cases.

(2.) Petitioners and the private respondents are Police Constables (Telecommunication) governed by the Special Rules issued by the Government of Kerala as per SRO No. 848/83. With the passage of time, they have been promoted to various posts. The issue is as to whether the publication of seniority list of Police Constables (Telecommunication) is sustainable under the law and the Constitution.

(3.) The allegation of the petitioners is that the impugned seniority list has been prepared solely on the criteria of age of the incumbents and by applying a rule of reservation and communal rotation, which is just not available in the Special Rules. It is also the specific and uncontroverted contention of the petitioners that the Government have not issued any notification in terms of the second limb of R.14 of part II of the Kerala State and Subordinate Services Rules, 1958, hereinafter, the 'General Rules', for short.