The completion of probation and obtaining test qualifications within the prescribed period does not automatically entitle an employee to seniority if they were not qualified for promotion at the time of vacancy.

Petitioners are assistants/ grade I in the Kerala Secretariat Service. Respondents 2 and 3 also belong to that category. They are impleaded in a representative capacity. First petitioner claims seniority over the second respondent and sixth petitioner claims to be the senior of the third respondent. Petitioners and respondents 2 and 3 were originally recruited as Assistant Grade II and they were promoted later as Assistant Grade I. For promotion satisfactory probation and passing of two tests are necessary. Tests are Secretariat Manual Test and Account Test (Lower). Case of the petitioners is that the specified period of probation being three years and as their probation was declared within the said period there is no justification in conferring seniority to respondents 2 and 3 over them on the ground that they were test qualified earlier to the petitioners.

2. Commencement of probation of the first petitioner was on 2-12-1978 and his probation was declared on 3-12-1980. Test qualifications were acquired by him on 7-7-1981. Second petitioner's period of probation commenced on 6-12-1978. Probation was declared on 9-1-1981 and he acquired test qualifications on 14-7-1981. Third petitioner's probation commenced on 2-12-1978, his probation was declared on 2-12-1980 and test qualifications were acquired on 14-7-1981. Fourth petitioner commenced her service on 8-3-1979 and her probation was declared on 4-4-1981. Test qualifications were acquired by her on 13-1-1982. Fifth petitioner commenced service on 19-3-1981. Probation was declared on 25-3-1983. Test qualifications were acquired on 15-74983. Sixth petitioner's probation commenced on 20-5-1981, probation was declared on 13-6-1983 and test qualifications were acquired on 15-7-1983.

3. Petitioners contended that all of them obtained test qualifications within the period of three years and as the Special Rules allow them that much time for declaration of probation and as all of them have acquired test qualifications within the said period promotion given to respondents 2 and 3 overlooking their seniority cannot have any justification. In short, petitioners contend that merely because respondents 2 and 3 and similarly placed officers who were juniors to them had obtained test qualifications earlier they cannot get seniority over the former.

4. R.10(i) of the Kerala Secretariat Subordinate Service Rules provides that every person appointed to a category shall from the date on which he joins duty be on probation if he is appointed by direct recruitment or by transfer for a total period of two years on duty within a continuous period of three years. Relying on R.10(i) petitioners contended that their probation having been declared within a period of three years of entry into service and as they have obtained test qualifications within that period their juniors who acquired test qualifications earlier should not have been promoted ignoring their seniority. Learned counsel for the petitioners relied on R.12 also to hold that the petitioners were en titled to three years 'period to pass the Secretariat Manual Test and Account Test (Lower) this being the prescribed period of probation. It is argued that as R.12 provides for the acquisition of the tests within the prescribed period of probation and as the petitioners have obtained test qualifications during the prescribed period of probation they should not have been superseded on the ground that respondents 2 and 3 and similarly placed officers had acquired test qualifications earlier to them. Counsel relied on R.2 in Part II of Kerala State and Subordinate Service Rules, 1958 and argued that the Special Rules applicable to any particular service shall prevail over the provision in the general rules and therefore Ext. P13 order cannot be sustained.

5. Learned Government Pleader submitted that the petitioners did not pass Account Test (Lower) at the time when vacancy arose and so their juniors who were qualified and whose probation