- (1.) Leave granted.
(2.) Application of the doctrine of prospective overruling in service matters is in question in these appeals which arises out of a judgment and order dated 31.03.2006 passed by a Division Bench of the Kerala High Court whereby and whereunder on interpretation of a Full Bench decision in Subaida Beevi v. State of Kerala 2005 (1) KLT 426 it was held to have no prospective operation.
(3.) Appellants were working in the Government Presses, Kerala. The Government of Kerala framed rules for the employees of Kerala Government Presses Subordinate Services to which cadre the appellants belonged. It consisted of several branches. Admittedly, there are several categories and sub-categories of employees working therein The mode of appointment as also the qualifications therefor has been prescribed in the rules. By reason of a Government order dated 01.07.1980, the rule framed in terms of SRO No. 1030 of 1976 was amended prescribing a ratio of 1 : 1 for the purpose of promotion between diploma-holders and certificate- holders by adding a Note thereto, which reads as under : "Note : Promotion of persons qualified under Item 2(a) and 2(b) above shall be made in the ratio 1 : 1 starting with promotion of persons qualified under Item 2(a). If no person qualified under Item 2(a) is available for promotion, the turn of promotion will be given to the person qualified under Item 2(b) and vice versa. Provided that no senior diploma holder shall be superseded by a junior certificate holder and provided that the benefit of turn under the ratio of 1 : 1 forfeited by the certificate holder by virtue of the promotion the senior diploma holder, shall be restored to the certificate holder in the arising vacancy.";