T. K. KRISHNAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) Those appeals are from the common judgment of a learned Judge in O P. No 2139 of 1977 and O.P. 3514 of 1977; W. A. No. 162 being by the petitioner in the earlier O. P. in whose favour a qualified relief had been granted by the learned Judge and W. A. No. 197 of 1979 being by the State. W.A 201 of 1970 is by the State against O P 3514 of 1977. The case disclosed represents one of the freaks of service integration after the re - organisation of States which continues to cause heart - burn and suffering to some of the employees in this State.

(2.) The appellant in W. A No 162 of 1979 was a provisional appointee under rule 10(a) (i) of the Madras State and Subordinate Services Rules appointed by Ext. P. 1 Order dated 25-9-1956 in the State of Madras. A date perilously near to the re - organisation of States on l-11-1956. Ext. P. 1 order was by the Chief Engineer, P.W.D. Chopaul, Madras and directed the Superintending Engineer to issue posting orders His appellant was posted as Supervisor, which was the designation for Junior Engineer. This was in accordance with Ext. P. 2 notification inviting applications for the post of .Supervisors. 495 appointments were to be made by direct recruitment 25% of the appointments for the post of Supervisors was reserved to be filled by candidates possessing the Upper Subordinate of Rs.C.B. Diploma of the College of Engineering, Guindy. One of the conditions for appointment was stated thus:-

(3.) It was objected that the petitioner cannot be directed to apply for a lower post such as Overseer First Grade and be regularised in the said post. Reliance was placed for this position on the decision of the Mysore High Court in PR Kulkarni Vs. State of Mysore (A.I.R. 1967 Mysore 25) affirmed on appeal by the Supreme Court in State of Mysore Vs. P. R. Kulkarni (A I. R. 1972 S. C. 2170). It was observed by the Supreme Court :