SANTHOSH T N Vs. HIGH COURT OF KERALA

JUDGEMENT

(1.) The question arising in this case is whether a person appointed through Public Service Commission initially as a Police Constable, thereafter as Last Grade Servant in Civil Judicial Department and thereafter as LD Clerk in the Panchayat Department, all by way of direct recruitment can be denied re-appointment in the Civil Judicial Department under the 2nd Proviso to Rule 8 of Kerala State and Subordinate Service Rules, 1958 (hereinafter referred to as 'KS&SSR').

(2.) The service details of the petitioner are the following: Based on advice memo dated 06.07.1998 issued by the Kerala Public Service Commission ('PSC' for short) petitioner was appointed as Police Constable in Kerala Police Subordinate Service. On appointment, he joined duty on 1.11998. While working there, he got advice memo for appointment as Last Grade Servant in the Last Grade Service of the Civil Judicial Department on 20.09.2000. On appointment he joined on 20.11.2000. He got promotion as Process Server on 31.01.2001. Further promotion was as Attender Grade II in the Civil Judicial Subordinate Service in June 2007. He continued in that post from 27.06.2007 upto 08.01.2008. He got further promotion and joined as Attender Grade I on 09.01.2008 and continued in that post till his promotion as Amin. While working as Amin from 04.09.2008 he got promotion as LD Clerk as per order dated 13.10.2013. He joined as LD Clerk on 28.10.2013. While so he was appointed as LD Clerk in Panchayath Department as per Ext.P-2 order dated 28.08.2014, through PSC. As per Ext.P-3 order dated

(3.) While working in Panchayath Department, petitioner submitted Ext.P-4 application before the 1st respondent, through proper channel, requesting to allow him to rejoin as LD Clerk in Palakkad District in the Civil Judicial Department, under Rule 8 of Part II KS&SSR. But as per Ext.P-5 letter dated