CHACKO Vs. JOSEPH

JUDGEMENT

(1.) THE appellants and respondents 1 to 18 are Police Constables born on District wise basis in the Ernakulam District, the appellants being juniors to respondents 1 to 10. The post of Head Constable is a selection post. It is the appellants' contention that they became qualified to be promoted earlier than their seniors, respondents I to 10, and therefore, they have a preferential right to be promoted as Head Constables, to the vacancies that arose in July, 1982. Respondents 1 to 10, on the other hand contend that when the vacancies arose in July 1982, they bad also passed the prescribed test, that they were also eligible for selection and they had, in fact, been selected for promotion and thus their seniority in the lower category of Police Constables cannot be ignored and they cannot be superseded on the only ground that the appellants secured test qualification earlier. The appellants rely on an executive order issued by the Government on 17-5-1963. The learned single judge who disposed of the writ petition filed by respondents 1 to 10 herein, held that the executive instructions cannot prevail over the Kerala State and Subordinate Services Rules, in force under the Kerala Public Services Act and directed that promotions shall be effected with reference to R.28 of the Kerala State and Subordinate Services Rules, R.28 (bb) in particular. It is against this judgment that this appeal has been filed.

(2.) WE shall, therefore, refer to the facts a little more in detail.

(3.) THE relevant rules in the Kerala State and Subordinate Services Rules, for considering these contentions, are these. R.28 (b) (i) of the Kerala State and Subordinate Services Rules, reads thus: