The main legal point established in the judgment is the interpretation of the terms 'appointed to a service' and 'duty' in the context of training for appointment, and the distinction between training as a condition for appointment and training as a qualification for appointment.

Kamat, J.

We have heard this appeal at the stage of notice before admission in extenso. We are deciding this appeal thus after hearing the counsel for the parties.

2. The appellant presented O.P. 7118/1987 for a prayer that the period of training from July 15,1976 upto June 3,1978 be treated as 'duty' in the post of Sub Inspector of Police and a consequential direction to the respondents to fix pay in the scale of pay of Rs. 345-580 and to grant him increments and all consequential benefits counting the training period as period on duty.

3. This prayer is rejected by the rejection of the Original Petition by the learned Single Judge.

4. The facts to be stated are very narrow. The petitioner was advised for recruitment as Sub Inspector of Police in the scale of Rs. 345-5 80 by memo dated December 11,1975 by the Public Service Commission, perusal of this memo (Ext. PI to the original petition) shows that the petitioner was selected for recruitment as Sub Inspector of Police, subject to the provisions of R.3(c) of the General Rules of the Kerala State and Subordinate Services Rules, 1958 also subject to the proof of health and checking. In pursuance of this advice of the Public Service Commission, the office of the Inspector General of Police, Kerala State issued the orders of appointment as Sub Inspectors. The said order (Ext. P2 to the petition) clearly states that the candidates in the list, which includes the present petitioner, are advised by the Public Service Commission for appointment as Sub Inspector of Police in the General Executive Branch of the Police Department, on the conditions state! in the said letter. It is specified, as one of the conditions-No. iv, that on successful completion of the training in Police Training College and practical training, the candidates will be on probation for a period of two years on duty within a continuous period of three years.

5. The relevant statutory provision relating to what is meant by "appointed to a service" and what is meant by "duty" would be available in the Kerala State and Subordinate Services Rules 1958 - Rule 2(1) and (6) respectively. Rule 2(1) makes it clear that a person who is appointed to a service when he commences the probation, instruction or training prescribed for the members thereof. Equally well R.2(6) tells us what is understood by a person said to be on duty'. A person is said to be on duty when he is performing the duties on the post or he is undergoing the probation, instruction or training prescribed for such service.

6. As stated above, factually it is clear that the petitioner is appointed as a Sub Inspector of Police, after his recruitment on the advice of the Public Service Commission as Sub Inspector on the stated scale. Apart from the statutory provision, it is crystal clear, while being required to consider the length of service in the post of a Gram Sevak for eligibility for recruitment to the post of Block Development Officer, in the decision reported in 1965 KLT 1282 - Louis v. Kerala Public Service Commission - this Court had an occasion to consider this question with regard to the period of training and it is ruled therein that a person is said to be appointed to the service when in accordance with the rules 'or in accordance with the rules applicable at the time, as the case may be, he discharges for the first time the duties of a post borne on such cadre or commences the probation, instruction or training prescribed for the members thereof: In reaching the conclusion, this Court placed reliance on R.2(1) of the Rules referred to above.

7. This Court also had an occasion to consider the nature of the training in the matters of recruitment and subsequent service of the Government servants. Referring to the situation, this Court had an occasion to consider the aspects of the requirement of training. In certain situations training could be a condition precedent, in other words, a qualification for appointment, whereas other situations c