All the employees from all three sources, who did number pass the test, challenged the validity of the above rule.
These rules came into force w.e.f.
167 68 OF 1985 O R D E R These appeals by special leave arise from the judgment of the Division Bench of the Kerala High Court, made on July 5, 1984 in OP No.3003/80.
Shri E.M.S. Anam, learned companynsel for the appellants, companytends that the view expressed by the High Court is number companyrect in law for the reason that in Travancore Cochin State, there was a rule in operation obligating the allottees of that State to pass the required test prescribed thereunder.
the ministerial staff companysists of three groups of employees, namely, those allotted from erstwhile companyposite Province, b those similarly allotted from former Travancore Cochin State and c those recruited to the State Service on or after November 1, 1956 Kerala recruits .
W I T H CIVIL APPEAL NOS.
It is number in dispute that after the rule was struck down, new rules came to be made in companypliance of the direction issued by the Division Bench on June 12, 1985.
November 1, 1956.
Rule 9 of the Rules prescribes the special qualifications and provides that for promotion to the category of Upper Division Clerk, a Lower Division Clerk shall pass the a Revenue Test Travancore, Cochin or Madras provided that passing this test shall be obligatory only from 14.1.1958 Accounts Test Lower provided that passing the test will be obligatory only from 1.1.64 and c Secretariat Manual Test upto 20.2.1958 and District Officer Manual Test thereafter.
Kerala and recruits.
For promotion from one ladder to the higher echelons, i.e., from LDCs to UDSs and so on, the Government in G.O. P No.851, dated June 16, 1980 issued in exercise of the power under proviso to Article 309 of the Constitution, made the rules called the Special Rules for the categories of Head Clerk Head Accountant, Upper Division Clerk and Lower Division Clerk of the Kerala Land Revenue Department included in the Kerala Ministerial Subordinate Service.
The appellants belong to the last category, vis.,
and L.D.Cs.
Equally, the Madras allottees were required to pass the test under the Madras Rules for promotion to the higher cadre category of posts.
