LexMAYA MATHEW versus STATE OF KERALA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2010] 3 S.C.R. 16
MAYA MATHEW
v.
STATE OF KERALA & ORS.
(Civil Appeal No. 1833 of 2005)
FEBRUARY 18, 2010
[R.V. RAVEENDRAN AND H.L. DAITU, JJ.]
Service Law:
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Special Rules for the Kera/a State Homeopathy
Services, 1989:
r. 3, Table, Entry 5, Note (2) - Appointment to posts of
Medical Officers by direct recruitment and by transfer in the
ratio prescribed - Note (2) prescribing that in absence of
D candidates by transfer, vacancies to be filled by direct
recruitment -:- Writ petition before High Court contending that
vacancies were to be filled up by applying fixed ratio or
percentage to the cadre strength of the post to which
recruitment/transfer was to be made as provided under Note
E (3) to r.5 of general Rules - Dismissed - HELD: Note (2) to
Entry 5 of the Table under r.3 of Special Rules, which was
inserted in the Rules in 1999, would prevail over Note (3) to
Rule 5 of the general Rules which was added in 1992 -
Therefore, ratio of direct recruitment and appointment by
F transfer has to be applied with reference to vacancies which
were notified and not with reference to the cadre strength -
There is no ground to interfere with the decision of the High
Court - Kera/a State and Subordinate Services Rules, 1958
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- r.5, Note (3) inserted in 1992 - Interpretation of Statutes.
Interpretation of Statutes:
General Rules and Special Rules governing the same
subject - Applicability of - Rules of interpretation - Explained
- Special Rules for the Kera/a State Homeopathy Services,
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MAYA MATHEW v. STATE OF KERALA & ORS.
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1989 - r. 3, Table, Entry 5, Note (2) inserted in 1999 - Kera/a
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State and Subordinate Services Rules, 1958 -
r. 5, Note (3)
inserted in 1992.
S. Prakash & Anr. vs. K.M. Kurian & Ors. 1999 (3)
SCR 610 = (1999) 5 SCC 624; and Prasad Kurien & Ors. vs.
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K.J. Augustin & Ors. 2008 (3) SCR 1 = (2008) 3 SCC 529,
referred to.
Case Law Reference:
1999 (3) SCR 610
2008 (3) SCR 1
referred to
referred to
para 8
para 8
CIVIL APPELLATE JURISDICTION: Civil Appeal No(s).
1833 of 2005.
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From the Judgment & order dated 29.11.2002 of the High
Court of Kerala at Ernakulam in Writ Appeal No. 3295 of 2001.
C.S. Rajan, M.T. George for the Appellant.
Vipin Nair, P.B. Suresh, Vivek Sharma (for Temple Law
I=
Firm) T.G. Narayanan Nair, P.V. Dinesh, T.P. Sindhu, ~.V.
Vined, Athouba K.P. Rajesh for the Respondents.
The Order of the Court was delivered by
ORDER
R.V. RAVEENDRAN, J. 1. The appellant is a Pharmacist
(Homeopathy) in the Homeopathy Department of State of
Kerala. The Kerala State Homeopathy Services are governed
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by the 'Special Rules for the Kerala State Homeopathy .G
Services, 1989('Special Rules', for short). All sub-ordinate
services in the State of Kerala including the State Homeopathy
Services are also governed by the Kerala State and Sub-
ordinate Services Rules, 1958 ('General Rules' for short).
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SUPREME COURT REPQRTS
1201 O] 3 S.c'.R.
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2. Rule 3 of the Special Rules provides that the method of
appointment to different categories of posts shall be in the
manner specified in the Table given under the said rule. Entry
No.5 in the said Table relating to Medical Officers (inserted by
G.O. dated 27.5.1999, with effect from 12.4.1999) is extracted
B below:
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Category of Post
Medical Officer
Method of appointment
1. By direct recruitment
2.
By transfer from t-h~e category of Nurse
(Homeopathy)
3.
By transfer from the category of Pharmacist
(Homeopathy)
4.
By transfer from the category of Clerks
(Homoeo Department)
Note: 1. A ratio of 5: 1: 1: 1 shall be maintained
in making appointments between direct
recruitment,
transfe?
from
Nurses
(Homeopathy), Pharmacist {Homeopathy)
and Clerks in Homeopathy Department.
2. The appointment by transfer of Nurse
(Homeopathy), Pharmacist (Homeopathy),
Clerk (Homeopathy) will be done by a
selection through the Kerala Public Service
Commission from among the three
categories. In the absence of candidates by
transfer those vacancies in each category
will be filled up by direct recruitment from
open quota and the backlog for such
categories will not be restored."
[emphasis supplied)
..
MAYA MATHEW v. STATE OF KERALA & ORS.
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[RV. RAVEENDRAN, J.]
3. Rule 5 of the General Rules is a general rule relating to
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the manner of recruitment. The following was added as Note
(3) to the said Rule 5 of the General Rules by the Kerala State
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