V J PAULSON Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner in the former among the captioned matters is the additional 3rd respondent in the latter. THE parties are referred to in this judgment, going by their status in WP (C) No. 3265/2006. THE other private respondents in OP 3734/2003 are not being referred to since they had not gone for any training that would be referred to during the course of this judgment and having not pressed any submissions or contentions at the hearing of these writ petitions.

(2.) THE petitioner in WP (C) 3265/2006 was appointed as Chauffeur Grade II in the Department of Tourism. THE additional 3rd respondent was so appointed thereafter. THE method of recruitment in the Department was then governed by the executive orders and such situation continued until Special Rules for the Kerala Tourism Subordinate Services, 1995, hereinafter referred to as the Special Rules, were made, issued and published in the Gazette dated 29th September, 1995. A perusal of Order No. E4-18048/99 dated 08/07/2002 (Ext. P3 in OP 3734/2003) would show that the total strength of Chauffeurs at that time was 84 and the total strength of Chauffeurs was taken into consideration for fixing higher grade following 1:1 ratio thereby reckoning 42 Chauffeurs as Grade I and 42 Chauffeurs as Grade II. This, obviously, shows that Chauffeur Grade I and Chauffeur Grade II came into being as two different categories for the first time as per the Special Rules. THErefore, for all intents and purposes, as on the date of coming into force of the Special Rules, the Chauffeurs in service in the Department of Tourism were a composite category, going by the situation obtained as noticed above.

(3.) REVERTING to R.5 of the Special Rules, it can be seen that the qualification prescribed for appointment by transfer as well as promotion to the category of Steward is made in a homogeneous manner prescribing four indicia. They read as follows: Table:#1