In 1972 out of 51 lower division clerks promoted as upper division clerks, 34 belonged to scheduled castes and tribes.
It was brought to the numberice of the Government that large number of Government servants belonging to Scheduled Casts and Scheduled Tribes were unable to get their promotion because of want of test qualifications.
During the pendency of the writ petition in the High Court, a further order was issued by the State Government on July 11, 1974 for extending the period of exemption as under G.O. NS No.
Both the respondent No 1 and the promotees were members of the same service and had been working as Lower Division Clerks for a pretty long time.
Respondent No.
On 11 January, 1974 order was made under Rule 13AA giving members of Scheduled Castes and Scheduled Tribes exemption from passing the tests for the period of two tests to be companyducted after the order dated 11 January, 1974.
Prayer was also made for quashing order dated January 13, 1972 reproduced above by which exemption was actually granted to scheduled castes and scheduled tribes employees from passing the obligatory departmental test for a period of two years.
The impugned rule was substituted by Government Order P 21/PD dated January 13, 1972.
After the issue of the order dated 13 January, 1972, 34 out of 51 Lower Division Clerks who were promoted belonged to the Scheduled Castes and Scheduled Tribes.
On 13 January, 1970, an order was passed extending the time for another year upto 14 January, 1971.
The promotees who were members of the scheduled castes and tribes are admittedly senior to respondent No.
The other respondents, who are members of scheduled castes and scheduled tribes and who too were lower division clerks working in the Registration Department of the State, were promoted as upper division clerks even though they had number passed the tests mentioned above.
22/PD dated 13 1 1972.
1 passed all the tests by November 2, 1971.
On 14 January, 1971 another Government order was issued extending the period by another year.
Rule 13AA came into force on 13 1 1972 and on the same day Ex.
Government have examined the matter in companysultation with the Kerala Public Service Commission and are pleased to grant temporary exemption to members already in service belonging to any of the Scheduled Castes and Scheduled Tribes from passing all tests unified and special or departmental tests for a period of two years.
1 and have gained more experience.
Orders dated January 13, 1972 and January 11, 1974 as well as other orders promoting members of Scheduled Castes and scheduled Tribes who had number passed the prescribed test were quashed.
In order to give relief to the Scheduled Castes and Scheduled Tribes, the Government incorporated Rule 13AA which enabled the Government to grant exemption to members of Scheduled Castes and Scheduled Tribes for a specified period.
The petition was resisted by the appellants and the other respondents and it was averred on their behalf that the impugned rule and order were number violative of article The High Court held that rule 13AA was void being violative of clauses 1 and 2 of article 16 of the Constitution.
From the Judgment and Order dated the 19th April, 1974 of the Kerala High Court in Original Petition No.
ORDER Government are pleased to order that the period of temporary exemption granted to Scheduled Castes and Scheduled Tribes in the G.O. read above from passing all tests unified and special or departmental tests be extended from 13 1 1974 to companyer a period during which two tests are held by the Public Service Commission and results thereof published so that each individual gets two chances to appear.
1 thereupon filed petition under article 226 on March 15, 1972 for a declaration that rule 13AA under which exemption had been granted to the other respondents in the matter of promotion was violative of article 16 of the Constitution.
The High Court answered the question in the negative in a petition filed by N. M. Thomas, lower division clerk of the Registration Department of the Kerala State, respondent No.
The further allegation is that by an order dated 15 June, 1972, 19 Lower Division Clerks belonging to Scheduled Castes and Tribes were promoted as Upper Division Clerks of which 5 were unqualified Scheduled Castes and Scheduled Tribes members and 14 were qualified Scheduled Castes and Scheduled Tribes members.
On 13 January, 1972 exemption from passing the tests was granted to members of Scheduled Castes and Scheduled Tribes for two years.
Government also order that these categories of employees will number be given any further extension of time to acquire the test qualifications.
Respondent No.
The grievance of the respondent petitioner before the High Court was that out of 51 vacancies which arose in the category of Upper Division Clerks in the year 1972, 34 were filled up by Scheduled Castes members who did number possess qualifications and only 17 were given to qualified persons.
This period was to expire on 14 January, 1970.
Government have examined the matter in companysultation with the Kerala Public Service Commission and are pleased to grant temporary exemption to members already in service belonging to any of the Scheduled Castes and Scheduled Tribes from passing all tests unified and special or departmental tests for a period of two years.
By another order dated 31st October, 1972, 7 Scheduled Castes and Scheduled Tribes members were promoted without qualifying test and one was promoted with the qualifying test.
The benefit of the above exemption well be available to those employees belonging to Scheduled Castes and Scheduled Tribes who are already enjoying the benefits of temporary exemption from passing newly prescribed tests under General Rule 13A. In their case, the temporary exemption will expire only on the date of expiry of the temporary exemption mentioned in para 2 above or on the date of expiry of the existing temporary exemption, whichever is later.
S. Krishnamoorthy Iyer, P. K. Pillai and N. Sudhakaran for respondent No.
1 was number, however, promoted despite the fact that he had passed the requisite tests.
For promotion to Upper Division Clerk in that Department on the basis of seniority, the Lower Division Clerks have to pass 1 Account Test Lower , Kerala Registration Test and 3 Test in the manual office procedure.
K. Garg and O. P. Rana for the intervener State of P. N. Sinha, Sol.
The following order was issued by the State Government on January 13, 1972 The President, Kerala Harijan Samaskarika Kshema Samithy, Trivandrum has brought to the numberice of Government that a large number of Harijan employees are facing immediate reversion from their posts for want of test qualifications and has therefore requested that all Scheduled Castes and Scheduled Tribes employees may be granted temporary exemption from passing the obligatory departmental tests for a period of two years with immediate effect.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Gen. P. P. Rao and Girish Chandra for the Attorney General for India.
M. Abdul Khadir, Advocate General, Kerala and K. M. Nair for the appellants.
2 4, 6 and 7 and the Intervener Mr. Surendran.
the period of exemption to Scheduled Castes and Scheduled Tribes was further extended to 3 years.
Trivandrum and a letter dated 13 November, 1971 from the Secretary, Kerala Public Service Commission.
The Government also ordered that these categories of employees would number be given any further extension of time to acquire the test qualifications.
The respondent is a Lower Division Clerk working in the Registration Department.
The order is as follows The President, Kerala Harijan Samskarika Kshema Samithy, Trivandrum has brought to the numberice of Government that a large number of Harijan employees are facing immediate reversion from their posts for want of test qualifications and has therefore requested that all Scheduled Castes and Scheduled Tribes emplovees may be granted temporary exemption from passing the obligatory depart mental tests for a period of two years with immediate effect.
Respondent No.
The other impugned order is Exhibit P 6 which was passed on 11 January, 1974 gave further exemption to members of Scheduled Castes and Tribes from 13 January, 1974 from passing tests to companyer a period during which two tests would be held by the Public Service Commission and results thereof published so that each individual would get two chances to appear within that period.
By another Government order dated 14 January, 1963, a unified account test lower and a test in office procedure were introduced replacing the old tests and as this was treated as a new test, all persons who were formerly in Travancore Cochin or Madras Service were given two years time to pass the test and members of the Scheduled Castes and Scheduled Tribes were given extra time in accordance with the orders earlier mentioned.
Again by Government order dated 2 January, 1961.
1160 of 1974.
The order refers to a memorandum dated 19 June, 1971 from the President, Kerala Harijan Samskarika Kshema Samithy, State Committee.
K. Garg, V. J. Francis and K. R. Nambiyr for respondent Nos.
By Government order dated 27 June, 1958, it was directed that the peiod of exemption from passing tests be extended by two years in the case of Scheduled Castes and Scheduled Tribes.
A circular was issued on 9 February, 1968 granting 7 years time from 14 January, 1963 to members of the Scheduled Castes and Scheduled Tribes to pass the unified tests.
On the basis of these exemption orders, several promotions have been effected.
The respondent alleged in the writ petition that 12 Lower Division Clerks who were members of Scheduled Castes and Scheduled Tribes were promoted without test qualification.
1656 of 1972.
By order dated 19 September, 1972, another 8 promotions of members of Scheduled Castes and Tribes were ordered of which only two were qualified and the remaining six were unqualified.
