P.N. PREMACHANDRAN versus THE STATE OF KERALA AND ORS.

Citation: [2003] SUPP. 5 S.C.R. 342 · Decided: 06-11-2003 · Supreme Court of India · Bench: V.N. KHARE, S.B. SINHA · Disposal: Dismissed
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Judgment (excerpt)

A 
B 
c 
P.N. PREMACHANDRAN 
v. 
THE STATE OF KERALA AND ORS. 
NOVEMBER 6, 2003 
[V.N. KHARE, CJ. AND S.B. SINHA, J.] 
Service Law : 
Kera/a State and Subordinate Service Rules, 1958: 
rr. 31 and 39-Promotion-Soil Survey Assistants-Temporarily 
promoted as Assistant Directors (Soil Survey)-Later, Departmental Promotion 
Committee promoting the officers regularly-Government directing promotion 
to take effect from the initial date of temporary promotion-Held, there is no 
D irregularity in grant of promotion with retrospective effect-In the ordinary 
course the officers were entitled to be promoted as Assistant Directors in the 
event a Departmental Promotion Committee being constituted in due time-
State Government took a conscious decision to the effect that those who have 
been acting on a higher post for a long time, although on a t.~mporary basis, 
but were qualified at the time when they were so promoted and found to be 
E eligible at a later date, should be promoted with retrospective effect-Such 
exercise of power on the part of the State is not unknown in service 
jurisprudence-Even assuming that such a power did not exist in r.31, the 
same can be traced to r.39-The direct appointee appointed on the post reserved 
for Scheduled Casts/Schedule Tribes and who entered the service in the year 
F 1984 and was not even qualified to hold the post in I 964 cannot be permitted 
to question the promotions made by the Government. 
A. Janardhana v. Union of India, AIR (1983) SC 769, relied on. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No .. 4100 of 1998. 
G 
From the Judgment and Order dated 20.3.97 of the Kerala High Court 
in O.P. No. 197 of 1986. 
C.S. Rajan, Ms. Malini Poduval and Ms. Lansinglu Rongmei for C.S. 
Srinivasa Rao for the Appellant. 
H 
342 
P.N. PREMACHANDRAN v. STATE OF KERALA 
343 
Ramesh Babu M.R., Roy Abraham and Ms. Seema Jain for the A 
Respondents. 
The following Order of the Court was delivered : 
In the Department of Agriculture (Soil Conservation Unit) in the State 
of Kerala, there are number of posts of Assistant Director (Soil Survey). The B 
State Government in exercise of the powers conferred under Rule 17 A of the 
Kerala State and Subordinate Service Rule, 1958 (for short 'the Rules'), 
decided to reserve one post to be filled up from amongst the members of 
Scheduled Castes and Scheduled Tribes through direct recruitment. The other 
posts of Assistant Director (Soil Survey) were to be filled up by promotion C 
from amongst the Soil Survey Assistant on the basis of selection. For the 
purpose of selection for promotion to the post of Assistant Director (Soil 
Survey), the Government decided to temporarily fill up the vacancy by 
promotion from amongst the Soil Survey Assistant. Consequently, the 
respondents were temporarily promoted from the year 1964 to 1980 as 
Assistant Director (Soil Survey). Although the decision has been taken by the D 
respondents to fill up one post of Assistant Director (Soil Survey) by way of 
direct recruitment purported to be Rule 17 A of the Rules, but as no qualified 
person was available the qualification therefore was relaxed in the year 1980. 
The appellant undisputedly fulfilled only the qualification, which has been 
relaxed by the State. He was appointed directly to the post of Assistant 
Director (Soil Survey) reserved for the post of Scheduled Castes/Scheduled E 
Tribes on or about 19.8.82. It is not in dispute that although the private 
respondents therein have been working in the post of Assistant Dirertor (Soil 
Survey) from the Year 1964-1980, no Departmental Promotion Committee 
was constituted for considering their cases for promotion on a regular basis. 
Subsequently, the Government convened the Departmental Promotion F 
Committee and it after considering the case of those who are temporarily 
promoted as Assistant Director (Soil Survey), prepared the select list. In the 
said select list, the respondents were found fit for regular promotion to the 
post of Assistant Director (Soil Survey). The Government, therefore, promoted 
the respondents with effect from the dates on which they were temporarily 
promoted. 
G 
The appellant herein filed a petition before the Kerala High Court 
challenging the promotion of the respondents with effect from the date of 
their temporary appointment. The said writ petition was dismissed. It is against 
the said judgment, the appellant is in appeal before us by means of special H 
344 
SUPREME COURT REPORT
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