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Judgment
ORDER
P.Krishna Kumar, J.
This Court, by judgment dated 24.02.2025, had set aside the judgment of the Kerala Administrative Tribunal, holding that the promotion granted to the review petitioner was solely on a temporary basis, against a vacancy earmarked for direct recruitment.
By way of this review petition, the respondent in O.P.(KAT) No.358/2021 has brought to our notice that this Court had omitted to consider the effect of the change in the method of appointment to the post of Forester brought about by the Kerala Forest Subordinate Service Special Rules, 2010 (Annexure A6).
We have heard the learned counsel appearing for the review petitioner and the learned Special Government Pleader appearing for the Government.
As per Column No.3 of Rule 2 of the said Rules, the post of Forester could be filled up only by promotion from among the Forest Guards. However, in Annexure A1 order, the promotion of the review petitioner was made temporary for the following reasons:
“The above persons are promoted purely on temporary basis as per the provisions in Rule 31(a)(i) of Kerala State and Subordinate Service Rules, against the vacancies earmarked for direct recruitment and reported to the Kerala Public Service Commission for advising suitable hands.”
Even though the promotion order described the promotion as temporary, if the basic substratum on which it was made temporary was the reason stated above, it may not be possible to treat the same as a temporary promotion, since, on and after the coming into force of Annexure A6 Rules, it was not possible to effect direct recruitment to the post of Forester.
The judgment was rendered without noticing the aforesaid aspect, which constitutes an error apparent on the face of the record. Hence, the judgment is liable to be reviewed.
In the result, the review petition is allowed. The judgment dated 24.02.2025 is recalled. The matter shall be posted for fresh consideration in accordance with the Roster.