SAKTHIKUMAR T.K Vs. STATE OF KERALA

JUDGEMENT

(1.) We refer to the exhibits in OP(KAT) No.68/2019 disposed of along with OP(KAT) No.83/2019 and both the cases pertain to the appointment by transfer of Confidential Assistant Grade II as Legal Assistant in the Law Department.

(2.) It is beyond dispute that appointment to the post of Legal Assistants Grade II in the Law Department is by direct recruitment under the Kerala Secretariat Subordinate Service Special Rules as amended. Annexure R1(b) Government Order adopting Annexure R4(4) order applicable to Administrative Secretariat providing a channel for Confidential Assistant Grade II militates against the Special Rules. The appointment of the petitioner as Legal Assistant by Annexure A2 order in the Law Department on the basis of Annexure R1(b) Government Order cannot therefore be sustained in law.

(3.) The petitioner now confines his relief for being posted as Legal Assistant Trainee for being appointed as Section Officer in the Law Department about which there is no serious objection. It is up to the Government to post the petitioner as Legal Assistant Trainee for being appointed as Section Officer in the Law Department without prejudice to the seniority of respondents 3 to 7. The impugned order of the Tribunal is affirmed subject to the above clarification reiterating that the Special Rules will govern over the Government Orders in case of conflict. The original petitions are disposed of. No costs.