Sreekanth R vs State Of Kerala

A.Muhamed Mustaque, J.

The challenge made by the petitioner along with others against the appointment of the second respondent as Legal Assistant Trainee and further as Section Officer in the Law Department of the Government of Kerala was unsuccessful before the Tribunal.

The second respondent made a feeble attempt to convert the original appointment as a Confidential Assistant to the post of Legal Assistant Grade II. This was unsuccessful through the orders of the Tribunal and Court. However, his last attempt to be appointed as a Section Officer was successful. This was challenged by the petitioner and others who are Legal Assistants in the Law Department on the ground that their promotion chance would be diminished but the Tribunal declined the challenge. This is how the petitioner has approached this Court.

There are no Special Rules in regard to the appointment of the Section Officer. In the year 1973, an executive order (GO (MS) 312/73/PD dated 07.12.1973) was issued to enable Stenographers, typists etc. to be appointed as Section Officers in the Law Department. They require to have a law degree and also need to pass a Departmental Test. As per the above order they will be posted as Legal Assistants for one year and on assessing their suitability, they will be appointed as Section Officer. In 2007, another Government Order (GO(P) 199/2007/GAD dated 17.03.2007) was issued and altered the method of appointment. By this order, only Typists and Confidential Assistants who entered service prior to 25.3.2006 alone are eligible to be appointed as Legal Assistants and further as Section Officer. In 2014, another Government Order (GO(P) 7/2014/LAW dated 16.08.2014) was issued allowing Confidential Assistants in Law Department, who possess requisite qualification to the post of Section Officers in Law Department. Based on this, the second respondent was appointed. According to the petitioner only Confidential Assistants who form part of the earlier Government Orders issued in the years 1973 and 2007 (who entered the service prior to 25.3.2006) alone will be eligible to appointment, as per the Government Order dated 2014. We find this argument is unsustainable. There are no Special Rules. Nothing prevents the Government from modifying the earlier order by another executive order. In 2014 Government Order, the Government had adverted earlier Government Orders in this regard issued in the years 1973 and 2007 and thereafter mentioned that by-transfer appointment can be made as a Section Officer from the category of Confidential Assistants. No one has a case that the second respondent lacks eligibility or qualification as per 2014 Government Order. 2014 Government Order in fact supersedes the earlier Government Order. If there is no specific reservation or saving in regard to the rigour in the earlier Government Order, it has to be assumed that the Government did not intend to restrict the chance of Confidential Assistants who entered service after 25.3.2006. It is also noted that the earlier judgment of this Court in OP(KAT) Nos.68 and 83 of 2019 dated 26.07.2019 has no relevance in this matter as the said judgment was in relation to conversion of the post of Confidential Assistant to the post of Legal Assistant. The Tribunal and Court has interfered with the conversion holding that it would militate the special rules which do not provide a method of appointment by conversion. Absolutely no merit in this Original Petition.

Accordingly, the Original Petition is dismissed.