PRADEP KUMAR G. Vs. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY AND THE SECRETARY, THE KERALA PUBLIC SERVICE COMMISSION
LAWS(KER)-2003-1-107
HIGH COURT OF KERALA
Decided on January 09,2003

Pradep Kumar G. Appellant
VERSUS
The Kerala Public Service Commission, Represented By Its Secretary And The Secretary, The Kerala Public Service Commission Respondents

JUDGEMENT

Sankarasubban, J. - (1.) THIS Writ Appeal is filed by the petitioner against the judgment in O.P. No. 756 of 1995. The facts of the case are as follows:
(2.) THE petitioner joined the Police Department as Lower Division Clerk in the year 1983 and he was promoted to the post of Upper Division Clerk in 1986. He was holding substantively a permanent post in the cadre of Upper Division Clerk. While so, he was selected for appointment to the post of Reserve Sub Inspector in the District Armed Reserves of the Department on advice of the Public Service Commission. By Ext.P1 order, he was provisionally appointed. Pursuant to Ext.P1 order, he was relieved from his duties as Upper Division Clerk on 14.2.1991. He had undergone training as Reserve Sub Inspector. While he was undergoing training, the Public Service Commission invited applications for appointment to the post of Sub Inspector Trainee in the General Executive Branch of the Department from qualified persons working as Ministerial staff. The petitioner applied for the same. The petitioner's name was listed in the rank list. But, thereafter, by Ext.P6, his name was removed stating that at the time of submitting the application, he was undergoing training as Reserve Sub Inspector and, therefore, he is not eligible to be considered for category II which is exclusively reserved for the Ministerial staff of the Police Department. This was challenged before the learned single Judge. The learned Judge took the view that since the appellant had been relieved from the post of Upper Division Clerk and he was undergoing police trainee, he is not entitled to apply for the post which was reserved for Ministerial wing.
(3.) BEFORE the learned single Judge, the appellant submitted that it is true that while working as Upper Division Clerk, he was selected for the post of Reserve Sub Inspector and he was undergoing training. He will be entitled to be appointed as Reserve Sub Inspector in the General Executive Branch of the Department only since he was working under the Ministerial cadre. The learned counsel brought to our notice Rule 8 of the Rules and a Full Bench decision of this Court reported in Balakrishnan Nair v. Ram Mohan Nair - 1998 (1) K.L.T. 766. Learned counsel referred to us Rule 8 of the K.S.S.R. In the above decision, it is stated as follows: "When an officer is appointed substantively to a permanent post, he acquires a lien on that post and ceases to hold the lien which he acquired previously on any other post....... The lien of a member of a service to a post in the parent Department is not lost automatically when he joins another Department. The lien can be terminated only after hearing the concerned person. By mere completion of probation it cannot be said that a person has been substantively appointed to a permanent post.." The contention of the appellant is that since his lien as Upper Division Clerk in the Police Department has not been terminated when he made application as well as when he was selected, he cannot be denied the post. From the facts, it is not clear whether at the time of his application and at time of selection, the petitioner had his lien as Upper Division Clerk in the Police Department. This is a matter which should be considered by the Public Service Commission. In the above view of the matter, Ext.P6 is quashed directing the respondents to reconsider the matter in the light of the above observations. Writ Appeal is disposed of.;


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