Shaiby John (Wrongly Spelt As Shybi John In The W. P) Senior Instructor, Now Posted As Arithmetic-Cum-Drawing Instructor v. I. P. Paulson Junior Instructor
2014-08-21
P.B.SURESH KUMAR, THOTTATHIL B.RADHAKRISHNAN
body2014
DigiLaw.ai
Judgment Thottathil B. Radhakrishnan, J. 1 .These writ appeals, though arising from two different judgments, relate to certain questions under the Kerala Craftsmen Training Subordinate Service Rules, which are Special Rules issued by Government of Kerala. 2. We have heard the learned senior Government Pleader and the learned counsel appearing for the employees involved in these litigations. 3. Appointment to the category of Junior Instructor is by direct recruitment. The posts of Senior Instructors are to be filled up by promotion from the category of Junior Instructors. Therefore, the Recruitment Rules take care of the method of appointments; direct recruitment being the method of appointment of Junior Instructors and promotion being the method of appointment of Senior Instructors. Certain posts are also provided for by-transfer appointment. 4. But, the issue in hand is as to whether the aforenoted provision in the Special Rules impairs the authority of the Government to transfer and post officers as Senior Instructors and Junior Instructors, when exigencies of service arise in that regard. 5. Transfer and posting are matters which are not governed by Special Rules. Transfer and posting are, fundamentally, matters required for adjustment of staff force of Government to ensure smooth functioning of Government establishments. They are regulated by the provisions of the general rules as are contained in the Kerala State and Subordinate Services Rules and Government Orders and instructions issued from time to time in that regard. Therefore, we are unable to concur with the view of the learned single Judge that since the appointment of Senior Instructor is to be made by promotion from Junior Instructors, a Senior Instructor cannot be transferred or posted as a Junior Instructor. The ratio rule attempted to be pressed before the learned single Judge by the Government has no relevance to the question in hand. If a Senior Instructor is posted as a Junior Instructor in exigencies of service, it only means that the Senior Instructor has to carry out the duties and responsibilities of a Junior Instructor; may be that, the said Officer's emoluments would be protected as a Senior Instructor. That does not take away the power of the Government to transfer and post in accordance with the requirement of governance. 6. In the case in hand, with the passage of time, all parties involved in these litigations have found their appropriate posting places.
That does not take away the power of the Government to transfer and post in accordance with the requirement of governance. 6. In the case in hand, with the passage of time, all parties involved in these litigations have found their appropriate posting places. The situation can now be upturned by the Government, if it desires to do so, even in the next general transfer, as per norms. The learned senior Government Pleader submits that there is a proposal for amendment of the Special Rules. The impugned judgment does not stand even in the way of the Government modifying the Special Rules. With the aforesaid, we modify the impugned judgment by holding that the power of the Government to transfer and post Senior Instructors as Junior Instructors or Junior Instructors as Senior Instructors is a matter within the administrative domain of the Government, and is not regulated by the terms of the Special Rules; however that, the situation now obtained will be permitted to continue, unless it is modified by the Government in the next general transfer or thereafter. These writ appeals are ordered accordingly.