S. C. Agrawal, J. - (1.) These appeals by special leave raise common questions relating to promotion of Constables as Head Constables in the police force of the State of Kerala.
(2.) The aforesaid promotion is made from a select list of Constables who have qualified in the promotion test. These select lists are prepared district wise. In the Kerala State and Subordinate Service Rules, 1958 (hereinafter referred to as the State and Subordinate Service Rules) the following provisions are made with regard to promotion :- "Rule 28(bb). Promotion which depends upon the passing of any examination :- Promotion in a service or class which depends upon the passing of any examination (General or Departmental) shall ordinarily be made with reference to the conditions existing at the time of occurrence of the vacancies and not with reference to those at the time when the question of promotion is taken up." "Rule 28(b)(10). The claim of a person who qualifies himself for a post, after the select list in respect of that post has been prepared but before the date of occurrence of the vacancy in the higher post shall not be overlooked."
(3.) In 1960 the Kerala State Legislature enacted the Kerala Police Act, 1960 (hereinafter referred to as the Act) to consolidate and amend the law relating to police force in the State of Kerala. Section 69 of the Act empowers the State Government to make rules consistent with the Act in respect of matter referred to in clauses (a) to (d) of sub-section (1). Under clause (b) such rules may be made to regulate the recruitment and conditions of service of police officers other than the members of the Indian Police Service. Such rules are, however, required to be notified in the Gazette. On May 17, 1963, the Home (A) Department of the Government of Kerala issued an order - G. O. (Ms). No. 252/Home - containing rules for making appointments by promotion and by transfer to posts in the Police Department. In R. 10 of the said Rules provision was made for promotion to posts of Head Constables and of corresponding rank. In clause (i) of R. 10, it was provided that promotion tests shall be held on a district basis for assessing the fitness of eligible Constables as Head Constables and that Constables who qualify in the test shall be included in the Select List for promotion as Head Constables. Clause (ii) of R. 10 made the following provision :- "(ii) The ranking in the Select list of Constables who qualify at the promotion tests shall be in accordance with the dates of passing the test. Those who qualify at the test on the same date will be ranked according to length of continuous service as Constables." ;