The central legal point established in the judgment is the imperative adherence to the statutory provisions governing the determination of seniority and promotions, particularly in the context of probation and passing of mandatory tests for Deputy Tahsildars.

Same question arises for consideration in these Original Petitions. The question is one relating to fixation of seniority among Deputy Tahsildars. On the decision of that issue these original petitions can be disposed of. Therefore I consider it advantageous to deal with these original petitions by a common judgment.

2. Learned counsel appearing in these cases on either side agreed to treat O.P. No. 2709/89 as the main case because all relevant documents have been marked in the case. So I am referring to the parties and the documents as they are arrayed and marked in it.

3. Fjct.P1 G.O.(P) No. 852/80/RD dated 16-6-80 is the Special Rules relating to Kerala Revenue Subordinate Service (Deputy Tahsildars). Clause 4 of that Rule dealing with appointment states that appointment of Deputy Tahsildars shall be made either by recruitment by transfer from among the members of the Kerala Ministerial Subordinate Service employed in the Land Revenue Department or by direct recruitment. For getting recruitment by transfer a person should pass the Revenue Test (Travancore) or Revenue Test (Cochin), or Revenue Test (Madras), Account Test (Lower) or Account Test or Subordinate Officers Part I (Madras) and District Office Manual Test. This means that a member in the feeder category eligible for promotion to the cadre of Deputy Tahsildars must have passed the above-mentioned tests. As per R.9 of the Special Rules every person appointed as Deputy Tahsildar shall, from the date on which he joins duty, be on probation for a total period of two years on duty within a continuous period of three years. A probationer in the cadre of Deputy Tahsildar should pass the following tests if he has not already passed them.

1) The District Office Manual Test.

2) The Revenue Test (Travancore) or Revenue Test (Cochin) or Revenue Test (Madras)

3) Criminal Judicial Test

4) Account Test (Lower) or Account Test for Subordinate Officers, Part I (Madras) and

5) Survey Test (Higher).

It further provides that a probationer who holds a degree in law of a recognised University shall not be required to pass the Criminal Judicial Test. A person recruited to the cadre of Deputy Tahsildar by transfer as seen earlier must have passed tests 1, 2 and 4 mentioned above before entering the cadre. Direct recruits must pass all the above-mentioned five tests. Thus it is seen that recruits by transfer are bound to pass Criminal Judicial Test, if he is not holding a degree in law and the Survey Test Higher. Only on passing these tests a Deputy Tahsildar can become an approved probationer and consequently a full member of the cadre.

4. Ext.P2 G.O.(P) 853/80/RD dated 16-6-80 is the Special Rules relating to Kerala Revenue Service (Tahsildars). It provides that the appointment of Tahsildars shall be made by recruitment by transfer from among full members and approved probationers in the Kerala Revenue Subordinate Service. R.6 of this Special Rules further provides that no person shall be eligible for appointment to the service unless he holds a degree in law of a recognised University or has passed the Criminal Judicial Test and has passed Revenue Test (All parts), Account Test (Lower) and Survey Test (Higher). Thus it is abundantly clear that a Deputy Tahsildar should have the above-mentioned qualifications for getting the promotion. He should also be an approved probationer and a full member in the cadre of Deputy Tahsildar.

5. As per the Special Rules, Ext.P1 every person appointed as Deputy Tahsildar shall be on probation from the date on which he joins duty for a total period of two years within a continuous period of 3 years. If a person is appointed temporarily otherwise than in accordance with Rules and is subsequently appointed to the service he shall commence his probation from the date of the subsequent appointment or from such earlier date as the appointing authority may determine. A person who is recruited by transfer to the post of Deputy Tahsildar whether permanently or