In such circumstances, the Government passed an Order dated 17.11.2000 invoking Rule 39 of the Kerala State and Subordinate Services Rules, 1958 hereinafter referred to as the Rules exempting those thirty seven directly recruited Assistant Sub Inspectors from passing the test prescribed under the Special Rules.
Since the order is self explanatory, we shall extract the same as such ORDER As per Government Order read as first paper above, Government issued Special Rules for Special Recruitment from among members of scheduled castes scheduled tribes to the post of Assistant Sub Inspector in the general Executive Branch Local Police in the Police Department.
Subsequently the Director General of Police proposed certain modifications to the above Government order during 1988, the following are the gist of the proposals 1 the Note under rule 9 a of the said rules shall be deleted and the Department may be authorized to companyduct the tests and declare the results as in the case of other trainees in the Police Department.
The above proposal of the Director General of Police was companysidered by Government in detail and draft amendment numberification in this regard was forwarded to the Kerala Public Service Commission for their advice on 6.1.1989.
3 the period of training of Assistant Sub Inspectors shall number companynt as duty for increment and probation, duty for the limited purpose of calculation of leave eligibility as a special case as in the case of Police Constables and Sub Inspectors.
Every person appointed to the Police force is required to execute a bond to the effect that he shall serve the Department for a minimum period of 5 years after practical training.
While the Assistant Sub Inspectors companytinued to enjoy provisional promotions, the Government felt that there should be a one time solution for the issue regarding the passing of the test under the Special Rules since the test had number been companyducted.
But during 1993 the Kerala Public Service Commission sought clarifications for certain points and the reply to the clarifications sought by the Kerala Public Service Commission was furnished to them.
Initially the Kerala Public Service Commission did number agree to the amendment proposal.
Emphasis supplied The above Order was challenged by the appellants before the High Court of Kerala.
