A. P. M. MAYAKUTTY ETC. versus SECRETARY, PUBLIC SERVICE DEPARTMENT, ETC.

Citation: [1977] 2 S.C.R. 937 · Decided: 08-02-1977 · Supreme Court of India · Bench: Y.V. CHANDRACHUD, P.K. GOSWAMI, P.N. SHINGAL · Disposal: Dismissed

Cited by 3 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

• 
-
' 
A. P. M. MAYAKUTTY ETC. 
v. 
937 
SECRETARY, PUBLIC SERVICE DEPARTMENT, ETC. 
February 8, 1977 
A 
[Y. V. CHANDRACHUD, P. K. GOSWAMI AND P. N. SHINGHAL, JJ.] 
B 
llllerstate senioritY, in equated posts consequent to the reorganfamion 
of 
.State.~Whether scrvt~es rendered under Rule !O(a)(i)(l) of the Madras State 
.and Subo_rd~nate Services Rules would count for the purpose of fixing the inter-
state se'!1or11y-Kerala Government order dated 10-5-63 based 011 the 
recom-
mendatzon of the Central Government dated 16-2-1963-Va/idity of. 
The three appellants, who were appointed as temporary junior engineers in 
.the Madras High Way Subordinate Service under mle !O(a)(i) (!) 
of the 
C 
Madras State and Subordinate Services Rules on 13-6-1950, 
6-6-1951 
and 
.8-6-1951 respectively, on being selected by the Public Service Commission and 
again appointed to the same posts were· permitted by an order issued under rule 
23(a) ibid to commence their probationary period with effect from 15-3-1953, 
-4th July, 1954 and 18th July 1954 respectively. 
On 
1-11-1956, on the re-
.organisation of States, they were allotted as junior engineers in the Kerala State 
which was formed by .inclusion therein of parts of the States of Madras 
and 
Travancore-Cochin. For the purpose of fixing the interstate seniority, several 
.orders were passed, from time tOI time, both by the Central Government and 
D 
the Government of Kerala. 
A provisional integrated gradation list of junior 
engineers was prepared by the State Government in October 1962 giving the 
.appellants ranks therein at serial Nos. 123, 132 and 145 respectively. 
On a 
representation by the employees of the Travancore-Cochin area, the Govern-
ment of India recommended three alternatives for the acceptance of the Kerala 
Government on 16-2-1963. They were : (!) The Officers allocated to Kerala 
from the former Madras· State may be allowed 
the benefit of emergency 
service towardi seniority in the equated category if such service would have 
·been regularised from the date of their emergency appointment and if it would 
E 
have been counted for interstate seniority on November !, 1956 had 
these 
.officers remained in Madras. (2) The principles. laid down by the Governmenu 
-0f Madras in their order dated July 17, 1957 be accepted and (3) The Govern-
ment of India would have no objection even if the State Government was to 
adopt the rule that interstate seniority would be determined on the basis of the 
length of continuous service in the equated grade subject to the exclusion of 
·service rendered in purely stop-gap or emergency arrangements and that on! y 
short periods for which appointment was held under such arrangements should 
be excluded. 
The Government of Kerala passed an order on 
May 
10, 1963 
F 
adopting the first two alternatives but not the third. 
The writ petition filed by 
the appellants in the Kerala High Court challenging he said 
orders dated 
, 10-5-1963 was rejected. 
Jn appeal by special leave, the appellants contended : 
( 1) The emergency service rendered under Rnle !O(a) (i) (1) of the Rules 
.ongbt to be taken into account because snch service can be taken into account 
under Rnle 23 (a) ibid (ii) Such service is not liable to be excluded by reason 
G 
~ 
··Of the directives issued earlier by the Government of India on 3rd April 1957 
and 1st March 1962, (iii) If the appellants had remained in Madras, the tem-
porary sernce rendered by them would have been taken into account for fix-
ing their seniority and (iv) Such, service should conn! in view of the grant of 
increments to them from the date of their initial appointments in view of the 
temporary service rendered by them having been counted for the purpose of 
eligibility for promotion to the higher post of Assistant Engineers, they beinJ! 
duly qualified to hold the posts of Junior Engineers, they having been permitted 
to appear for departmental tests which are open only to the probationers, their 
H 
service books having been opened from the date of their appointmfnt and the 
concurrence of the Public Service Commission having been obtained for conti-
nuing them in service after the expiry of three months and 
again after the 
.expiry of ooe year of their emergency service. 
938 
SUPREME COURT REPORTS 
[1977] 2 s.c.R. 
A 
Dismissing the appeals, the Comt, 
B 
c 
D 
E 
HEID : ( 1) A fact of fundamental importance which permeates every one 
of these considerations is that the appellant

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