JOHN Vs. SUKUMARAN

JUDGEMENT

(1.) The interpretation of R.1A of the Kerala State and Subordinate Services Rules as it no stands after amendment, made retrospective with effect from 6-3-1966, falls for consideration in this writ petition. This rule was substituted for the old rule by a G O. dated 28-8-4 The original R.13A was inserted by a G. O dated 23-10-62

(2.) The petitioners are now working as Junior Statistical Inspectors in the Department of Bureau of Economics and Statistics. They are post-graduates. Respondents 1 to 41 are gradates and non graduates The Government by Order, G. O. (P) No 256 dated 22nd June, 1966 prescribed Special Rules in respect of the Kerala Statistics and Economics Subordinate Services, evidenced by Ext. P1. These Special Rules prescribed the qualifications and method of appointments of Research Assistants/Statistical Inspectors, etc. These Special Rules were amended from time to time as is evident from Exts P2 to P4. The exemption granted as per these rules related to the passing of the Selective Tests in Applied Statistics and allied subjects conducted by the Public Service Commission. Before the Special Rules, promotions to the cadre of Research Assistants/ Statistical Inspectors etc. were being made only from among graduates who had taken some special subjects for their graduation. As per the Special Rules non graduates also were eligible for promotion to these posts.

(3.) Under R.13A of the Kerala State and Subordinate Service Rules as it originally stood, where a pass in a special or departmental test is newly prescribed by the Special Rules of a service for any category, grade or post, a member of a service who has not passed the test but is otherwise qualified and suitable for appointment to such class, category, grade or posts, may within 2 years of the introduction of the test, be appointed thereto temporarily. Failure to pass the test within these two years or failure to undergo practical training, when necessary, within two years of the first chance to undergo such training would entail reversion. Thus under the Special Rules as it then stood, graduates and non graduates bad 2 years time from 22-6-1966 for passing the test prescribed. The said period expired on 21-6-1968.