Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala State Service Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Kerala State Service Rules:r.28, Appendix XllA, paragraphs 4 and 5 - Seniority - Audit officer during period of probation granted leave without allowance in terms of para 4 to take employment abroad - After his rejoining duty but before completion of period of probation by him, his junior promoted to higher post ignoring him - HELD: Audit Officer concerned was a permanent Government servant and therefore, in his case para 4 was applicable and not para 5 and the question as to whether employee had completed his period of probation or not may not be a relevant criterion - Kerala State and Subordinate Service Rules - r.27(c) - Kerala Local Fund Audit Service Special Rules - r.3.The appellant, while holding the post of Audit Officer under the Kerala Local Fund Audit Service, applied for and was, in terms of paragraph 4 of Appendix XII-A of the Kerala Service Rules, granted leave without allowances for a period of 5 years, for taking employment abroad. He rejoined his duties as Audit Officer on 8.11.2001. Respondent no.3 who was junior to the appellant, was promoted as Deputy Director of Local Fund Audit on 5.8.2002. The appellant was declared to have completed his period of probation as Audit Officer with effect from 6.3.2003. By an order dated 3.1.2004 the original seniority assigned to the appellant in the category of Audit Officer, as was published on 18.5.1998, was restored. Respondent no.3 challenged this by filing a writ petition before the High Court, which by an interim order cancelled the order dated 3.1.2004. Though, on the basis of a revised select list and the recommendation of the Departmental Promotion Committee the appellant was promoted to the post of Deputy Director of Local Fund Audit by order dated 27.5.2004, the said order was reviewed by the Government by an order dated 26.8.2004 on the ground that while passing the same the interim order passed in the writ petition of respondent no.3 was not taken into account. The appellant also filed a writ petition before the High Court which, ultimately, allowed the writ petition filed by respondent no.3 and dismissed that of the appellant, holding that in the instant case paragraph 5 of Appendix XII-A of the Kerala Service Rule would apply.In the instant appeal filed by the appellant, it was contended for the respondent-State Government that there were two services in the State of Kerala governed by the Kerala State and Subordinate Service Rules and the Kerala Service Rules; that though the appellant initially joined under the Subordinate Service of the State, but later having been appointed by transfer to the State Service he would be deemed to have entered the State Service as Audit Officer on 8.11.2001 and since before completion of his period of probation as such, respondent no.3 had already been promoted to the post of Deputy Director of Local Fund Audit, the case of the appellant would be governed by paragraph 5 and not paragraph 4 of Appendix XIIA to the State Service Rules. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 976 |
Petitioner | M. Mohammed Abdulla |
Respondent | State Of Kerala And Ors. |
SCR | [2007] 10 S.C.R. 619 |
Judgement Date | 2007-09-25 |
Case Number | 4490 |
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