LexN. MURLEEDHARAN AND ORS. ETC. versus THE STATE OF KERALA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
N. MURLEEDHARAN AND ORS. ETC.
v.
THE STATE OF KERALA AND ORS.
FEBRUARY 20, 1997
B
[K. RAMASWAMY AND S. SAGHIR AHMAD, JJ.]
Service Law:
Kera/a Ministerial Subordinate Service-Lower Division Clerk-l'romo-
C tion to Head Clerk/Head Accountant/Upper Division Clerk--<I.O.(P) No. 851
dated 16.6.1980 containing special rules for the categories of Head
Clerk/Head Accountant, Upper Division Clerk and Lower Division Clerk of
the Kera/a Land Revenue Department-Rules made operative w.e.f 1.11.1956
prescribing special qualifications and tests to be passed for promotion to the
category of Upper Division Clerks-High Co1Jrl struck down the relevant
D Rule-New rules were framed in compliance ~th ·the directions of the High
.
Court and promotions made accordingly-Held since the validity of the
subsequent rules is not the subject matter of assailment and seniority list was
prepared on the basis of the new rules and promotions. were also given
according! y, they became final and the Special Rules lost their
E relevance-Besides, the Madras allottees and the Travancore-Cochin allottees
have retired from service-In the circumstances, there is no need to go into
the question of promotion of Kera/a recruitees.
F
CIVIL APP_i;:LLATE JURISDICTION : Civil Appeal No. 166 of
1985 Etc.
From the Judgment and Order dated 5.7.84 of the Kerala High Court
in O.P. No. 3003 of 1980.
E.M.S. Anam for the Appellants.
G
A.S. Nambiar, K. John Mathew, T.G.N. Nair, N. Sudhakaran for the
Respondents.'
The following Order of the Court was delivered :
These appeals by special leave arise from the judgment of the
H Division Bench of the Kerala High Court, made on July 5, 1984 in OP No.
320
•
N. MURLEEDHARAN v. STATE
321
3003/80. In the State of Kerala, Head Clerk/Head Accountants, A
U.D.C.'s and L.D.S.'s - the ministerial staff consists of three groups
of employees, namely, those allotted from erstwhile composite
Province, (b) those similarly allotted from former Travencore-Cochin
State and ( c) those recruited to the State Service on or after Novem-
ber 1, 1956 (Kerala recruits). The appellants belong to the last
category, vis., Kerala and re·cruits. For promotion from one ladder to B
the higher echelons, i.e., from LDCs to UDCs and so on, the Govern-
ment in G.O. (P) No. 851, dated June 16, 1980 issued in exercise of
the power under proviso to Article 309 of the Constitution, made the
rules called the Special Rules for the categories of Head Clerk/head
Accountant, Upper Division Clerk and Lower Division Clerk of the C
Kerala Land Revenue Department included in the Kerala Ministerial
Subordinate Service. These rules came into force w.e.f. November 1,
1956. Rule 9 of the Rules prescribes the special qualifications and
provides that for promotion to the category of Upper Division Clerk,
a Lower Division Clerk shall pass the {a) Revenue Test (Travancore,
Cochin or Madras) provided that passing this test shall be obligatory D
only from 14.1.1963; (b) Accounts Test (Lower) provided that passing
the test will be obligatory only from 1.1.64; and (c) Secretariat Manual
Test upto 20.2.1958 and District Officer Manual Test thereafter. All
the employees from all three sources, who did not pass the test,
challenged the validity of the above rule. The Division Bench had E
struck down the rules on the ground that since the rule issued on June
16, 1980 was given retrospective effect from November 1, 1956 and
they were asked to pass the test w.e.f. January 14, 1963, it was an
impossible to give effect to the prescription of Rules 4 to 6. It was
also struck down on the ground that fixation of the date, i.e., January
14, 1963 is arbitrary being without any nexus. It is not in dispute that F
after the rule was struck down, new rules came to be made in com-
pliance of the direction issued by the Division Bench on June 12, 1985.
On its basis, seniority list was prepared and promotions were given to
those found in the order of seniority. The latter rules are not subject
matter of any attack nor has anyone questioned the correctness there- G
of. The promotions have also become final. Under these circumstan-
ces, the question arises : whether it is expedient at this distance of
time to go into the correctness of the judgment of the High Court?
All the Madras Allottees and Travancore-Cochin allottees have now
retired from service. Only Kerala recruits, perhaps some of them,
recrµited .on or after November 1, 1956, Excerpt shown. Read the full judgment & AI analysis in Lexace.