ALI M.K. AND ORS. versus STATE OF KERALA AND ORS.

ALI M.K. AND ORS. versus STATE OF KERALA AND ORS.

Appointments of respondents in the Co-operative Department were made pursuant to applications invited, sponsored, and recommended by Government. Therefore, under Note I to Rule 8, such appointments are deemed to be made in the exigencies of public service, entitling respondents to preservation of lien and inclusion in the promotion list in the Rural Development Department until confirmed in the new post. Mere completion of probation does not result in automatic confirmation or acquisition of lien.

Parties
Appellants: Ali M.K. and Ors.; Respondents: State of Kerala and Ors.
Jurisdiction
India
Judgment Date
22 April 2003
Procedural Posture
Civil Appeal / Appeal From Kerala High Court Full Bench Decision
Outcome
Appeals dismissed
Legal Topics
Kerala State and Subordinate Service Rules, 1958, Lien on Service, Confirmation and Probation, Interpretation of Statutes, Deeming Provision, Effect of Proviso
Service Law Kerala State and Subordinate Service Rules, 1958 Lien on Service Confirmation and Probation Interpretation of Statutes Deeming Provision Effect of Proviso

Case Brief

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Parties

Ali M.K. and Ors.

Appellants

State of Kerala and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Kerala High Court Full Bench Decision

Legal Issues

  1. 1 Whether Rule 8 of the Kerala State and Subordinate Service Rules, 1958 applies to employees transferring from Rural Development to Co-operative Department and whether their lien is preserved in the former department until confirmation in the latter
  2. 2 Effect of Note I to Rule 8 in appointments made in pursuance of applications invited, sponsored or recommended by the Government
  3. 3 Whether mere completion of probation results in automatic confirmation and acquisition of lien

Ratio Decidendi

Appointments of respondents in the Co-operative Department were made pursuant to applications invited, sponsored, and recommended by Government. Therefore, under Note I to Rule 8, such appointments are deemed to be made in the exigencies of public service, entitling respondents to preservation of lien and inclusion in the promotion list in the Rural Development Department until confirmed in the new post. Mere completion of probation does not result in automatic confirmation or acquisition of lien.

Court Disposition

Appeals dismissed

Orders

  • Full Bench judgment of Kerala High Court affirmed
  • No order as to costs due to peculiar circumstances