JUDGMENT

S.c. Agrawal, J.

I. These appeals by special leave raise common questions relating to promotion of Constables as Head Constables in the police force of the State of Kerala.

2. The aforesaid promotion is made from a select list of Constables who have qualified in the promotion test. These select lists are prepared districtwise. In the Kerala State and Subordinate Service Rules, 1958 (hereinafter referred to as the State and Subordinate Service Rules) the following provisions are made with regard to promotion:

"Rule 28(bb). Promotion which depends upon the passing of any examination.:- Promotion in a service or class which depends upon the passing of any examination (General or Departmental) shall ordinarily be made with reference to the conditions existing at the time of occurrence of the vacancies and not with reference to those at the time when the question of promotion is taken up".

"Rule 28(b)(I 0). The claims of a person who qualifies himself for a post, after the select list in respect of that post has been prepared but before the date of occurrence of the vacancy in the higher post shall not be overlooked."

3. In 1960 the Kerala State Legislature enacted the Kerala Police Act, 1960 (hereinatier referred to as the Act) to consolidate and amend the law relating to police force in the State of Kerala. Section 69 of the Act empowers the State Government to make rules consistent with the Act in respect of matters referred to in Clauses (a) to (d) of Sub-section (I). Under Clause (b) such rules may be made to regulate the recruitment and conditions of service of police officers other than the members of the Indian Police Service. Such rules are, however, required to be notified in the Gazette. On May 17, 1963, the Home(A) Department of the Government of Kerala issued an order - G.O. (Ms) No. 252/Home - containing rules for making appointments by promotion and by transfer to posts in the Police Department. In Rule 10 of the said Rules provision was made for promotion to posts of Head Constables and of corresponding rank. In Clause (i) of Rule 10. it was provided that promotion tests shall be held on a district basis for assessing the fitness of eligible Constables as Head Constables and that Constables who qualify in the test shall be included in the Select List for promotion as Head Constables. Clause (ii) of Rule 10 made the following provision:

"(ii) The ranking in the Select list of Constables who qualify at the promotion tests shall be in accordance with the dates of passing the test. Those who qualify at the test on the same date will be ranked according to length of continuous service as Constables".

4. It appears that promotion tests were held for the purpose of promotion of Constables to the rank of Head Constables in various districts in 1978 and select lists of Constables who had qualified in that test were prepared. Many Constables. though senior, failed to qualify in the promotion test and their names were not included in the select list, while the names of their juniors who had qualified in the test were included. Another promotion test was held in 1981. The names of senior Constables who had failed to qualify in the test held in 1978, but who had qualified in the test held in 1981, were included in the select list that was prepared in 1981. In accordance with Clause (ii) of Rule 10 as contained in G.O. order dated May 17. 1963, Constables whose names had been included in the select list prepared in 1978, although they were juniors, were promoted as Head Constables in preference to their seniors whose names were not included in the select list of 1978 but were included in the select list of 1981. Some of the senior constables who were thus superseded by their juniors in the matter of promotion to the post of Head Constables in District Emakulam filed a writ petition (O.P. No. 5298 of 1982) in the Kerala High Court wherein the order dated July 9, 1982 regarding promotion of Constables as Head Constables wa