ANIL KUMAR B P Vs. STATE OF KERALA

JUDGEMENT

(1.) In all these writ petitions, the challenge is against the order passed by the Government dated 13-02-2008 adopting the principle for fixing seniority between directly recruited Preventive Officers as well as the promotee category in the Excise Department. Once again, the perennial dispute between direct recruits and promotees has arisen for adjudication. The documents and other details are referred to herein as contained in Writ Petition No. 6045/2008.

(2.) Shortly stated, the bare facts necessary for the disposal of the cases are the following: The Special Rules, viz Kerala Excise and Prohibition Subordinate Service Rules was issued as per G.O(P) No. 112/74/TD dated 9-9-1974. The method of appointment prescribed for the category of Excise Preventive Officers is (i) direct recruitment; and (ii) promotion from category (3) viz. Excise Guards, It is provided that every 4th substantive vacancy shall be filled or. reserved to be filled by direct recruitment.

(3.) The Public Service Commission issued a notification on 19-2-1989 for direct recruitment to the post of Excise Preventive Officers. All the petitioners were candidates appointed after the conduct of a written test, physical efficiency test and interview. The written test was held in the year 1993 and the physical test and interview were held in 1997. The rank list was published by the Public Service Commission on 31-12-1997 and candidates were advised for appointment in the year 1998. Exts. P1 and P2 are the advice memos issued by the Commission in respect of the petitioners. Similarly, the petitioners in other cases have also been advised. Pursuant to the said proceedings, they have been appointed in service and are continuing as such. 252 candidates were advised upto 28-01-1998 and appointed as Excise Preventive Officers. Some more candidates were advised in the year 1999 and altogether 293 candidates were appointed.