SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions raise a common question and have been heard together. The arguments were advanced in O.P. No. 1672 of 1974 and the fate of the other writ petitions was left to rest on the fate of the said writ petition. We shall, accordingly, proceed to deal with O.P. No. 1672 of 1974.

(2.) O.P. No. 1672 of 1974: The 24 Petitioners in this writ petition are Lower Division Clerks in the Public Works Department of the State, having been appointed to that category after the formation of the Kerala State on 1st November 1956, and between the years 1961 to 1966. They were promoted to the category of Upper Division Clerks between the years 1967 and 1972. They allege that the promotion was on the basis of the unit system of promotion sanctioned by the Madras Ministerial Service Rules, as in the State of Madras, and continued even after the formation of the State of Kerala, and the transfer of the Malabar area to this State, by reason of Section 119 of the States Reorganisation Act. The Petitioners are persons from Malabar area of this State, and therefore, they claim to be governed by the provisions of the Madras Ministerial Service Rules. While so, by Ext. R-1 order, G.O. (MS) No. 374/PW., dated 9th December 1964, the Government recalled that, in the Travancore-Cochin area of the State the Public Works Department comprises the general P.W.D. and the Government Engineering Workshop for the purposes of appointment, promotion etc., while the Malabar area was functioning as a separate unit comprising the two North Circles, each P.W.D. Circle being, according to the Madras Rules, a separate unit for the purpose of appointment, promotion, etc. The question of evolving a uniform system for the whole State were under consideration by the Government; and, as it was not conducive to the administrative efficiency to have two different organisational set ups in the two areas, orders were issued under Ext. R-1 G.O. regarding the proposals for appointments and promotions. According to the G.O., the staff of the entire P.W.D. was to be divided into Headquarters staff and Circle-wise staff. There were to be 8 units, each officer was to be allotted to the unit in which he was then functioning as a provisional measure; permanent allotment to follow on the basis of options exercised by the officers subject to administrative convenience; and so on. By Ext. R-6, G.O. MS. No. 122/73, dated 15th June 1973, the unit system introduced by Ext. R-1 G.O. stood abolished with effect from 9th December 1964. There were to be only two units, one for P.W.D. Engineering Workshop, Trivandrum, and, the other, to the P.W.D. personnel, except those who were in position on 31st October 1956. In respect of the allotted personnel, i.e., who were in position on 31st October 1956, the unit system prevalent in the Travancore-Cochin and Malabar areas prior to 1st November 1956 shall be allowed to continue till they retire from the service. The writ petition prayed to quash Ext. R-6 G.O. and the consequential order issued by the Chief Engineer dated 2nd March 1974 publishing a new seniority list of Upper Division Clerks as on 31st July 1973, effecting a review of promotion of the Upper Division Clerks after 9th December 1964 upto 31st July 1973. As the Petitioners' names were not in the list they apprehended reversion and moved this Court for the reliefs prayed for.

(3.) The contentions raised on behalf of the Petitioners were: that they are governed by the Madras Ministerial Service Rules which continued to apply to the Malabar area of this State to which they belong, by reason of Section 119 of the States Reorganisation Act; that Ext. R-6 G.O. alters the conditions of services of the Petitioners and thereby violates Rule 35(b) of the Kerala State and Subordinate Services Rules; that Ext. R-6 is also bad by reason of the retrospectivity given to it from 9th December 1964; and that Ext. R-6 violates Article 14 of the Constitution as it sanctions certain special treatment and affords certain special protection to the allotted personnel from Madras,