JUDGMENT : N. NAGARESH, J. 1. The 1 st petitioner is an organisation of staff members of the Civil Judicial Department in Kerala. Petitioners 2 to 16 are working in non-gazetted posts in the Civil Judicial Department in various Districts. The petitioners seeks to declare that Rule 8 of the Kerala Judicial Ministerial Subordinate Service Rules will override Exts.P6 and P7. The petitioners seek to allow temporary promotions to the petitioners under the Rules, 1975. 2. The petitioners state that though the District Judges are the appointing authorities of petitioners 11 to 16, they cannot promote staff members when vacancies arise in certain posts in view of Ext.P1 Office Memorandum dated 23.11.2022. Ext.P1 states that as per Rule 28(a) Part II of KS&SSR, declaration of probation is essential for grant of promotion. If probation is not declared, only temporary promotions can be granted under Rule 31 Part II KS&SSR, if promotion involves change of duty and if in the exigencies of public service. 3. The High Court issued Ext.P2 OM dated 02.03.2023 clarifying that as per Rule 28(a), declaration of probation is a pre-requisite for promotion. Ext.P2 stated that though as per Rule 28(a), declaration of probation is a pre- requisite for promotion and though as per Rule 31, temporary promotions can be granted under exigencies, there is a ban imposed by the Government in grant of temporary promotion. Ext.P2 stipulated that if there is any exigency to grant temporary promotion, the head of the Department should take the matter with the Government for approval. 4. By Ext.P3 OM dated 10.04.2023, the High Court directed the District Judges to cancel orders granting temporary promotions filling the vacancies consequent to the promotions granted under intimation to the High Court. Ext.P3 categorically states that vacancies consequent to temporary promotion of Bench Clerk Grade-I and Junior Superintendent shall not be filled up for the time being. 5. The High Court again issued Ext.P4 OM directing the District Judges that the post of Bench Clerk Grade-I and Junior Superintendent kept unfilled for want of approved probationers should be filled up under Rule 31(a) Part II KS&SSR under extreme exigencies with the concurrence of the High Court until Government decision comes in the matter. 6. 5. The High Court again issued Ext.P4 OM directing the District Judges that the post of Bench Clerk Grade-I and Junior Superintendent kept unfilled for want of approved probationers should be filled up under Rule 31(a) Part II KS&SSR under extreme exigencies with the concurrence of the High Court until Government decision comes in the matter. 6. The petitioners state that in view of Exts.P1 to P4, the District Judges are unable to promote eligible employees to the posts which are lying vacant since approved probationers are not available. In Ernakulam District, there are eight posts of Bench Clerk Grade-I lying vacant. Further, five posts of Central Nazir are lying vacant. 7. The petitioners state that Rule 28(a) Part II KS&SSR is not a bar to give promotion from the post of Bench Clerk Grade-III, Bench Clerk Grade-II, Central Nazir and Bench Clerk Grade-I. Temporary promotions under Rule 31 can be effected where it is necessary in public interest owing to an emergency. However, Ext.P1 clarifies that the Government, as per the Circular cited 6 th therein, has imposed restriction in granting temporary promotion. The petitioners would submit that the Government Circulars dated 09.09.1997 and 15.09.2008 dealt with promotions to the selection categories and posts in which promotions are done by Heads of the Department. 8. The High Court of Kerala and the Registrar (District Judiciary), who are respondents 4 and 5 respectively, have filed counter affidavit. Respondents 4 and 5 submitted that whether to make temporary promotions or not is within the discretion of the appointing authority. Temporary promotions can be made if there would be undue delay in making regular promotions. The Rule, however, does not contemplate temporary promotion of unqualified hands as a matter of course. Under Rule 28 of the General Rules, satisfactory completion of probation is a requirement for promotion. The Government has clarified that temporary promotion shall not be made of persons who have not completed the probation. 9. The High Court sent letter dated 02.03.2023 to the Government seeking relaxation of the Government Orders banning temporary promotion of those who have not completed the probation. A further letter was sent on 30.09.2024. However, there was no response from the Government. The petitioners cannot seek temporary promotion as a matter of right. Rule 31 is only an enabling provision. It is for the Government to take a decision in the matter. 10. A further letter was sent on 30.09.2024. However, there was no response from the Government. The petitioners cannot seek temporary promotion as a matter of right. Rule 31 is only an enabling provision. It is for the Government to take a decision in the matter. 10. The 2 nd respondent-Principal Secretary to Home Department filed an affidavit. The 2 nd respondent stated that the Registrar (District Judiciary), High Court has reported that the creation of a large number of Bench Clerk Grade-I post has created difficulties in granting promotion as the number of posts of feeder category of Central Nazir remains very limited. Most Central Nazirs become eligible for promotion to Bench Clerk Grade-I even before the declaration of their probation. The Registrar sought a permanent solution. 11. As on 22.05.2024, the sanctioned strength of Central Nazir post is 41. The strength of Bench Clerk Grade-I is 182. This leads to a disproportionate gap that prevents timely promotion due to lack of approved probationers in the Central Nazir category. The Registrar of the High Court has proposed to make the posts of Central Nazir and Bench Clerk Grade-I interchangeable, so that the service in both posts is counted together for declaration of probation. 12. The Personal and Administrative Reforms Department of the Government of Kerala advised that such a change should be effected through amendments to the Kerala Judicial Ministerial Subordinate Service Rules and accordingly, the posts can be merged into a single category. 13. Amendments to Special Rules require a comprehensive revision and cannot be made through an executive order. The Special Rules for the Kerala Judicial Ministerial Subordinate Service have been placed before the Subject Committee of the Kerala Legislature for approval and finalisation of the amendments. The Government has requested the Registrar (District Judiciary), High Court to furnish a formal proposal in the prescribed format for amending the Special Rules to make the posts of Central Nazir and Bench Clerk Grade-I interchangeable. 14. I have heard the learned counsel for the petitioners, the learned Senior Government Pleader representing respondents 1 to 3 and the learned Standing Counsel representing respondents 4 to 19. 15. The contention of the petitioners, who are staff members of the Civil Judicial Department in Kerala, is that Exts.P6 and P7 cause difficulties in effecting temporary promotions in the Civil Judicial Department. 15. The contention of the petitioners, who are staff members of the Civil Judicial Department in Kerala, is that Exts.P6 and P7 cause difficulties in effecting temporary promotions in the Civil Judicial Department. Even if probation of employees is not declared, temporary promotions can be given to the petitioners under Rule 31 Part II KS&SSR, 1958 in public interest. 16. It is not in dispute that a large number of posts in the category of Bench Clerk Grade-I are lying vacant due to non-declaration of probation of employees in the lower category. Rule 28(a) Part II KS&SSR provides that except in the case of appointment to the posts of Heads of Departments, no member of a service or class of a service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category. 17. Rule 31(a)(i) Part II KS&SSR states that where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a higher category in a service or class by promotion from a lower category and there would be undue delay in making such promotion in accordance with the Rules, the appointing authority may promote a person otherwise than in accordance with the Rules temporarily. Rule 31(a)(i) comes with a proviso that before a person is promoted under this clause, persons who are admittedly senior to him shall also be promoted even if they are absent from duty or on foreign service or on deputation or for any other valid reason (except due to suspension) and allowed to continue as such subject to the condition that persons so promoted shall not be eligible for the higher time scale of pay by virtue of such promotions unless otherwise specifically ordered by Government. 18. Rule 31(a)(i) will thus enable the appointing authority to promote employees whose probation is not declared temporarily, on condition that seniority in the lower category is maintained while effecting such temporary promotion. The grievance of the petitioners is relating to certain OMs issued by the 4 th respondent. Ext.P1 OM dated 23.11.2022 of the High Court of Kerala states that the Government Circular No.19305/Rules-1/1996/P&ARD dated 09.09.1997 read with Government Circular No.4503/R1/2008/P&ARD dated 15.09.2008 has imposed certain restrictions in granting temporary promotion. The grievance of the petitioners is relating to certain OMs issued by the 4 th respondent. Ext.P1 OM dated 23.11.2022 of the High Court of Kerala states that the Government Circular No.19305/Rules-1/1996/P&ARD dated 09.09.1997 read with Government Circular No.4503/R1/2008/P&ARD dated 15.09.2008 has imposed certain restrictions in granting temporary promotion. Ext.P1 OM dated 23.11.2022 states that there is no provision to grant temporary promotion to posts not involving change of duty. The appointing authorities were directed to examine whether any employee has been granted erroneous fixation/promotion and if so, rectify the same after issuing notice to the employees. 19. On 02.03.2023, the High Court of Kerala issued another OM stating that in view of the exigencies reported, the District Judges are directed to fill up the posts of Bench Clerk Grade-I and Junior Superintendent, kept unfilled for want of approved probationers under Rule 31(a) Part II KS&SSR with the concurrence of the High Court until the Government decision comes in the matter. Exts.P1 and P2 does not in any manner prohibits temporary promotion made / to be made in the exigencies of service. 20. The petitioners would contend that Rule 8 of the Kerala Judicial Ministerial Subordinate Service Rules , 1975 will override Exts.P6 and P7 Circulars issued by the Government of Kerala. Rule 8 of the Kerala Judicial Ministerial Subordinate Service Rules , 1975 mandates that promotion to all posts shall be in accordance with seniority subject to fitness. 21. Ext.P6 Circular dated 09.09.1997 issued by the Government of Kerala mandates that temporary promotions under Rule 31(a)(i) of KS&SSR will not be ordered in any Department on or after 01.01.1998. If temporary promotion to any particular category is to be ordered, the Department should clearly establish the public interest to be served and the emergent situation existing to the satisfaction of the Chief Minister. The Circular mandates that within six months from 01.01.1998 such temporary promotions shall be stopped totally. 22. Ext.P7 Government Circular dated 15.09.2008 referred to Ext.P6 Circular and pointed out that the Government has banned temporary promotions under Rule 31(a)(i). Subsequently, the Government by a Circular dated 03.06.1999, ordered that in very hard and genuine cases of promotions where the incumbents are to retire within six months and where there is not a large number of seniors to be promoted, promotions may be given in relaxation of the ban on provisional promotion. Subsequently, the Government by a Circular dated 03.06.1999, ordered that in very hard and genuine cases of promotions where the incumbents are to retire within six months and where there is not a large number of seniors to be promoted, promotions may be given in relaxation of the ban on provisional promotion. In Ext.P7, the Government noticed that since most of the orders are issued at the time of retirement of the officers, the Accountant General (A&E) is forced to issue pay slips before obtaining clarification as to the justifiability of granting provisional promotion. The Heads of the Departments and Secretaries to Government were requested to strictly observe the instructions contained in Ext.P6. The contention of the petitioners is that Exts.P6 and P7 Circulars need not be applied to the Civil Judicial staff in Kerala as there is specific statutory provision governing them under Rule 8 of the Kerala Judicial Ministerial Subordinate Service Rules , 1975. 23. The counter affidavit filed by respondents 1 to 3 as well as respondents 4 to 19 take note of the gravity of the situation in the Civil Judicial service. The issue of non- promotion / stagnation faced by the petitioners arise out of the fact that the total number of posts of Central Nazir in the Civil Judicial unit is 41 and that of the promotional post of Bench Clerk Grade-I is 182 (as on 22.05.2024). Due to this disproportionate number in the cadre of Bench Clerk Grade-I, there comes a situation where promotions cannot be granted from the post of Central Nazir to Bench Clerk Grade-I for a significant period of time, for want of approved probationers in the post of Central Nazir. 24. The High Court is aware of the fact that a permanent solution is required in the matter and a detailed study of hierarchical structure of the post of Head Clerk / Bench Clerk Grade-II, Central Nazir and Bench Clerk Grade-I is necessary. A feasible solution proposed is to make the posts of Central Nazir and Bench Clerk Grade-I interchangeable, similar to that of Head Clerk and Bench Clerk Grade-II. This would allow the period served in both posts, Central Nazir and Bench Clerk Grade-I, to be counted together for the declaration of probation, which in turn would overcome the present scenario. 25. A feasible solution proposed is to make the posts of Central Nazir and Bench Clerk Grade-I interchangeable, similar to that of Head Clerk and Bench Clerk Grade-II. This would allow the period served in both posts, Central Nazir and Bench Clerk Grade-I, to be counted together for the declaration of probation, which in turn would overcome the present scenario. 25. The 2 nd respondent has filed a counter affidavit stating that since amendments to the Special Rules requires a comprehensive revision and cannot be made through an executive order, the only legally valid course of action is to amend the Kerala Judicial Ministerial Subordinate Service Rules , 1975. The Special Rules proposed as per GO(P) No.49/2024/Home dated 17.05.2024 have been placed before the Subject Committee of the Kerala Legislature for approval. The issue will be considered along with earlier amendment proposals, will be examined and proceeded with in accordance with the prescribed procedure upon receipt of the proposal from the Registrar. 26. It is appreciable that the Government of Kerala conscious of the situation prevailing in the Civil Judicial Service and considering the sensitive nature of Civil Judicial, has taken steps to make effective amendments to the Rules. Amendment to the Rules being a legislative process may take its own time. In the meanwhile, the vacant posts in the Civil Judicial Department cannot be kept vacant, which will not be in public interest. If temporary promotions are to be made in exigencies of service, such promotions cannot be kept in abeyance indefinitely. Exts.P6 and P7 Circulars issued by the Government in the year 1997 and 2008 cannot be pressed into service to avert temporary promotions which are to be made in exigencies of service. The powers given to the appointing authorities under Rule 31(a)(i) of the KS&SSR and Rule 8 of the Kerala Judicial Ministerial Subordinate Service Rules , 1975 cannot be watered down by issuing Circulars. 27. The Government Pleader in the meanwhile brought to the notice of this Court communication dated 19.07.2025 issued by the Additional Chief Secretary, Government of Kerala to the Registrar (District Judiciary), High Court of Kerala. The communication dated 19.07.2025 is as follows: 28. 27. The Government Pleader in the meanwhile brought to the notice of this Court communication dated 19.07.2025 issued by the Additional Chief Secretary, Government of Kerala to the Registrar (District Judiciary), High Court of Kerala. The communication dated 19.07.2025 is as follows: 28. Considering the requirements of the Kerala Judiciary, the Additional Chief Secretary has stated that without causing a situation where a senior is superseded by a junior, the question of grant of temporary promotions to the category of Bench Clerk Grade-I can be considered. The Additional Chief Secretary has categorically stated that temporary promotions can be effected following the conditions in the first proviso to Rule 28(a)(i) Part II KS&SSR. In the light of the discussions made hereinabove and also taking note of the relaxed standards indicated in the communication dated 19.07.2025 quoted above, the writ petition is disposed of declaring that the competent among respondents 4 to 19 will be free to effect temporary promotions to the cadre of Bench Clerk Grade-I following the provisions of Rule 31(a)(i) untrammelled by the earlier Circulars issued by the Government of Kerala.