STATE OF KERALA Vs. KRISHNA KUMAR

JUDGEMENT

(1.) The appellants challenge the judgment of the learned Single Judge in OP No. 34203 of 2000 and connected cases dated 25/02/2009. Some of the above appeals have been filed by persons, who were not parties to those Original Petitions / Writ Petitions, after seeking leave of this Court. The main point that arose for decision in the Writ Petitions was the dispute regarding seniority between direct recruits and promotees to the post of Excise Preventive Officer in the Excise Department of the Kerala Government. The direct recruits advised and appointed in excess of their quota in the relevant rules, were accommodated in supernumerary posts and as and when their turn arose as per the ratio prescribed in the rules, they were regularly absorbed. Whether such persons are entitled to get seniority with effect from their respective dates of advice by the Public Service Commission or only from the date their turn arose, is the dispute to be resolved in this case.

(2.) The Kerala Public Service Commission issued notification inviting applications for appointment to the post of Excise Preventive Officer on 19/12/1989. The rank list was published on 31/12/1997. During the years 1998 and 1999, 287 candidates joined duty from among the candidates who were appointed from the said rank list, based on the advice of the Public Service Commission.

(3.) The method of appointment to the post of Excise Preventive Officers is prescribed by the Special Rules for the Kerala Excise and Prohibition Subordinate Service. As per the said rules, the vacancies in the cadre of Excise Preventive Officers are to be filled up by (i) direct recruitment and (ii) by promotion from Excise Guards. The rules further provide that every fourth substantive vacancy shall be filled or reserved to be filled by direct recruitment. As per the Special Rules, the ratio of 1:3 between direct recruits and promotees was being worked out with reference to the substantive vacancies. While so, the Government amended R.5 of Part II of the Kerala State and Subordinate Services Rules, 1958 (for short 'K.S. & S.S.R.') by inserting Note 3 under the said rule. The said Note reads as follows: