STATE OF KERALA Vs. HARIDAS

JUDGEMENT

(1.) This is an appeal against the judgment or our learned brother Bhaskaran J. holding that Ext. P2 notification issued by the Government of Kerala in exercise of the powers conferred by sub-s.(1) of S.2 of the Kerala Public Services Act 1968 had retrospective operation only from 23-6-1965 though the notification purported to be retrospective from 25-9-1962. The appeal is by the State of Kerala and the Board of Revenue of the State who were the respondents in the Original Petition.

(2.) Government, by Ext. P2 order dated 25-5-1974 issued special rules for the Kerala Revenue Service. This was in exercise of the powers conferred by sub-s.(1) of S.2 of the Kerala Public Services Act read with S.3 thereof. Kerala Revenue Service consists of Tahsildars in the Revenue Department. The rules which were issued in supersession of the rules issued in notification No. G.O. (P) 481 dated 23-6-1965 provided that the rules shall be deemed to have come into force on the 25th September, 1962.

(3.) The petitioners who were Tahsildars were promoted to that post on 14 6 1962 and 21 5 1962 respectively. They were reverted later, but they were continuously holding that post from 25 6 1966 and 1 4 1965 respectively. They seek to quash a provisional seniority list prepared by the Board of Revenue said to be without advertence to R.27 of the Kerala State and Subordinate Services Rules. They also seek the issue of a writ of mandamus directing the respondents not to post officers to the post of Deputy Collectors without reference to the seniority of the petitioners considered on the basis of their date of first appointment to the post of Tahsildars on 14-6-1962 and 21-5-1962 respectively. They also seek to quash Ext. P2 special rules to the extent they purport to be retrospective from 25-9-1962. Under Government order dated 23-6-1965 the State of Kerala was treated as in 3 Zones and the recruitment by transfer and promotions were treated on a Zonal basis. Under Ext. P2 this was altered and that order contemplated the preparation of a combined seniority list of Tahsildars treating the State as one unit for that purpose with retrospective effect from 25-9-1962. In that event the fact that petitioners had been appointed even in 1962 as Tahsildars may not give them the benefit of seniority which they seek. They apprehend that in the matter of selection of candidates for promotion to the cadre of Deputy Collectors they would not get due consideration since their dates of first appointment to the cadre of Tahsildars cannot be taken into account in view of the State being treated as one unit retrospectively from 25-9-1962. They have succeeded in their plea since the learned single Judge has found that the rules would be retrospective only from 23-6-1965 prior to which date they had been appointed as Tahsildars.