KUTTIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Giving effect to the integration of the village staff and the ministerial staff in the Revenue Department in this State has resulted in a number of approaches to this court by the one wing or the other. The village staff consisted of the Village Man, Village Assistant and the Village Officer. The ministerial subordinate service consisted of the Lower Division Clerk and the Upper Division Clerk. The third Pay Commission recommended that the village staff and the revenue ministerial subordinate staff be integrated into one service with common seniority. A Government Order dated 10th September 1984 hereinafter referred to as the 'Integration Government Order' was issued with effect from 10th September 1984. As per the Appendix to that Government Order, Upper Division Clerk was equated to the Village Officer and the Lower Division Clerk was equated to Village Assistant. It was also provided that m seniority, Upper Division Clerk would be above the Village Officer and the Lower Division Clerk would be above the Village Assistant. Members of the staff were not given a right to opt but the integration. Future appointments were to be made from a common list. Integrated seniority list was to be used for promotion to vacancies that were to arise after 10th September 1984.

(2.) Earlier, on the formation of the State of Kerala there was conflict between the Madras and Travancore-Cochin personnel brought into a common service. In the year 1975 Special Rules covering both the groups was brought forward. Those Special Rules were challenged before this court. By the decision reported in Vasudevan Nair v. State of Kerala ILR 1979 (2) Kerala 743 this court found that Special Rules thus framed violated the rights of the Madras personnel and struck down the Special Rules. The court directed that pending the promulgation of fresh rules promotion was to be made on the basis of the seniority in the lower division cadre. In the year 1980 fresh Special Rules for Ministerial Subordinate Service was brought into force. This was again challenged before this court. This court by the decision in Gopinathan v. State of Kerala 1984 KLT 726 struck down the Special Rules. The court declared that the Special Rules were inoperative as a whole. This court also noticed that the Government will have to undertake once again the exercise of issuing fresh orders or rules on the subject. Then also this court directed that the seniority in the lower division cadre be followed in the matter of promotion until fresh decision is taken. It may be noticed that subsequently this decision has been affirmed by the Supreme Court in the decision in JT 1997 (3) SC 221 .

(3.) On 12th June 1985, Kerala Revenue Ministerial Subordinate Service Special Rules was again promulgated. But the Special Rules thus promulgated, omitted to take note of the Integration Government Order issued on 10th September 1984. Therefore on 12th July 1989 a fresh Government Order was issued amending the Special Rules to accommodate the Integration Government Order. O. P. 330 of 1990 and other connected Original Petitions were filed essentially by the revenue staff challenging the Government Order. Those Original Petitions were dismissed by Judgment dated 23rd March 1990 and this court directed that the Special Rules be implemented forthwith. W. A. 362 of 1990 filed against those decisions was also dismissed by Judgment dated 27th June 1990.