The main legal point established in the judgment is the requirement for appointments, declaration of probation, and promotions to be made in accordance with the Special Rules governing qualifications and method of appointment to the posts in the Archaeology Department.

C.R.

Balakrishnan Nair, J.

The 4th respondent in the writ petition is the appellant. The writ petitioner is the first respondent herein.

2. The brief facts of the case are the following:

The first respondent joined the Archaeology Department, as Museum Assistant, on 28.11.1986. In due course, her probation was declared. The Special Rules(Recruitment Rules) governing qualifications and method of appointment to the posts in the said Department, both in the State Service and the Subordinate Service, were issued by the Government on 3.1.2000, as per G.O.(P) No.3/2000/CAD and G.O.(P) No.2/2000/CAD, respectively. (State service covers gazetted posts and Subordinate service covers non-gazetted posts in the department) As per the Special Rules, the post of Museum Assistant is a feeder category for promotion to the post of Manager, which is category No.8 in the Special Rules for the Kerala Archaeological Subordinate Service. The next higher posts are Research Assistant (Folklore) and Research Assistant (Numismatics). The method of appointment to these posts is by direct recruitment. Category No.2, Field Assistant(Malabar Survey) is the promotion post of Manager. The post of Field Assistant (Malabar Survey) is a feeder category for appointment by transfer to the posts of Epigraphy Assistant/Excavation Assistant/Curator. While those rules were enforced, the promotions in the department were reviewed. After the issuance of the Special Rules in 1974, several new posts were created in the department. Pending issuance of Special Rules covering them, they were being filled up on temporary/provisional/ad-hoc basis. When the new Special Rules were issued on 3.1.2000, covering them also, it became necessary that the appointments made to those posts have to be reviewed.

3. Purportedly, as part of the review, by Ext.P9, the first respondent/writ petitioner, who was working as Museum Assistant, was promoted provisionally as Field Assistant (Malabar Survey). But, the method of appointment to that post, as per the Special Rules, is by promotion from the post of Manager. One of the obligatory qualifications for promotion to the post of Field Assistant (Malabar Survey), is three years' experience in the post of Manager. In Ext.P9, it is stated by the Director that since the first respondent has been found eligible for promotion as Manager with retrospective effect, she has been provisionally promoted as Field Assistant (Malabar Survey). A translation of the relevant portion of the said order reads as follows :

"In the light of the judgment of the Honourable High Court referred as first paper and the directions issued by the Government as per letter referred as third paper, the promotions made in the Department of Archeology to non-gazetted technical posts have to be reviewed. As part of the third stage of the review proceedings being undertaken by a review committee constituted as per the directions of the Director referred as 6th paper, it was found that Smt.K.R.Sona, who is working as Museum Assistant (Higher Grade) in Thrissur Archaeological Museum, is eligible for promotion to the post of Manager, in the scale of pay of Rs.5000-8150 with retrospective effect; therefore, she is found eligible for promotion to the next higher post.

In the circumstances, Smt.K.R.Sona, who is working as Museum Assistant in Thrissur Archaeological Museum is provisionally appointed to the post of Field Assistant (Malabar Survey), which was shifted to Kozhikode Pazhassiraja Museum and which is becoming vacant, as per order referred as 7th paper above."

The judgment of this Court mentioned in the above order only directs review of provisional promotions made earlier, in the light of the new Special Rules issued. As evident from the above quoted order, the first respondent, working as a Museum Assistant, was directly promoted as Field Assistant (Malabar Survey) by-passing the intermediate post of Manager. Later, her probation was declared in the post of Field Ass