The question referred to the Full Bench particularly concerns the interpretation of R.31(e) of the Kerala State and Subordinate Service Rules, 1958 (for short the Service rules). When persons directly recruited were pushed down in the seniority list below some persons who were promoted provisionally, they contended that as per the rules, that cannot be done. But Government maintained that what they did was correct. 'So those persons who are directly recruited challenge the Government orders. As the original petitions were referred to the Division Bench, their Lordships, in turn, referred them to the Full Bench. This was in view of an apparent conflict between the Full Bench decision of this Court in State of Kerala v. Somarajan & others (1984 KLT 293) and the decision of Justice Dr.Kochu Thommen and Justice Balakrishnan in W.A,No. 258/1981 in which the Full Bench decision was quoted.

The facts in O.P.1134/1981 can be stated as the factual fabric for deciding the question:

Petitioners were directly recruited as Deputy Superintendent of Police (Dy.S.Ps.). They belong to SC/ST. At the time of recruitment of the petitioners as Dy.S.Ps. the party respondents herein, were in se