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2010 Supreme(Ker) 47

K.BALAKRISHNAN NAIR, C.T.RAVIKUMAR
ELSY. P. Sebastian – Appellant
Versus
K. L. Sudhamony – Respondent


Advocates Appeared:For the Petitioners:S.P. Aravindakshan Pillay, Mrs. N. Santha, K.A. Balan, Peter Jose Christo, S.A. Anand, Advocates. For the Respondents:K. Jaju Babu, Mrs. M.U. Vijayalakshmi, Mrs. Dhanya Chandran, Addl, Advocates, R1, Titus Mani, R3,
A.J. Jose, Advocates, R2, Benny Gervasis, Senior Govt Pleader.

Judgment :

K. Balakrishnan Nair, J.

W.A.No.1873 of 2009

The appellants were respondents 3 to 6 in the Writ Petition. The first respondent herein was the writ petitioner. The point that arises for decision in this case is the constitutional validity of the Special Rules for the Kerala Social Welfare Service, to the extent they concern the method of appointment to the post of Regional Probation Officer/Assistant Regional Director/Assistant Director of Social Welfare (Category No.4).

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

As per the Special Rules, the District Social Welfare Officer, Inspector, Special Nutrition Programme Grade I and District Probation Officer Grade I are the feeder categories for promotion to the post of Regional Probation Officer/Regional Assistant Director/Assistant Director of Social Welfare. The appellants were appointed to the post of District Probation Officer Grade I on 24.10.1998, 4.3.1999, 29.11.1999 and 29.11.1999 respectively. The first respondent/writ petitioner was appointed to the feeder category post of District Social Welfare Officer on 14.12.2000. The method of appointment to Category No.4, which was prevailing at the relevant time, was pro































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