KERALA PUBLIC SERVICE COMMISSION Vs. P PARAMESWARAN NAIR

JUDGEMENT

(1.) THIS batch of eases--a writ appeal and three writ petitions--were heard together, as they raised a rather tricky question in regard to the construction of a service rule and its inter relationship to certain connected rules. The Rule is now embodied as Rule 28 (bbb) of the Kerala State and Subordinate Services Rules, and prior to the said Rule, in certain Government proceedings and Government orders. The fight is not over the right to promotion--both the petitioners and the respondents have been promoted--but to the assignment of ranks and seniority and (dates of regularisation in the promoted grade. The main arguments were advanced in O. P. No. 785 of 1974, the facts of which may be noticed.

(2.) O. P. 785 of 1974: The petitioners and respondents 2 to 48 in this writ petition commenced service as Grade II Assistants in the Office of the Public Service Commission. Para 2 (iii) of the petition sets out the petitioner's claim to seniority over the respondents. Exhibit R I statement filed with the counter-affidavit of the contesting respondents shows the relevant and material dates of service particulars, according to them. According to the Kerala Public Service Commission (Composition and Conditions of Service of Members and Staff) Regulations, 1957 framed by the Governor under Article 318 of the Constitution, the conditions of service of those serving in the Assistants Grade under the Commission are the same as those applicable to Assistance in the Administrative Secretariat of the State. That should turn the enquiry to the service conditions of Assistants in the Administrative Secretariat. This is governed by the Kerala Secretariat Subordinate Services Special Rules, dated 5-7-1967. According to Rule 4, category 5a, of these Rules, recruitment to Assistants Grade I was to be by promotion from Grade II or appointment from upper division typists and stenographers of the Secretariat. A person directly recruited as Assistant Grade II is to be on probation for a period of two years within a continuous period of three years-vide Rule 10 of the (Special Rules ). Under Rule 12 persons other than Legal Assistants appointed as Assistant Grade II, shall, within the prescribed period of probation, pass the Secretariat Manual Test and Account Test (lower ). These were the conditions under the Special Rules. To complete the chain of investigation, we may refer to Rule 28 (a) of the Kerala State and Subordinate Service Rules, (K. S. S. S. R. for short), which makes the satisfactory completion of probation in the lower grade, a necessary conditions for promotion to the higher one. This Rule of the K. S. S. S. R. , will, by reason of Rule 2 of Part II thereof, have application, as there is no in-consistancy with the Special Rules.

(3.) THE Departmental Tests required to be passed by the Special Rules had to be conducted by the Public Service Commission twice every year as directed by the Government in G. O. Ms. 225 dated 23-6-1964. Despite this direction the tests seem to have been held irregularly from or about 1970. The petitioner's allegation is that they were held only once in a year. The results also used to be announced fairly long after the tests. This and presumably led the Government to issue the proceedings dated 28-9-1957 (copy Ext. P1) stating that a candidate should be deemed to have passed the test on the date following the last day of the examination for the test. The position was clarified by Ext. P2 G. O. dated 20-4-1959 and by Ext. P3 G. O. dated 14-8-1971.