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2016 Supreme(Ker) 228

K.SURENDRA MOHAN, P.V.ASHA
P. SURESH BABU – Appellant
Versus
UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS (DEPARTMENT OF PERSONNEL & TRAINNG), NEW DELHI – Respondent


Advocates Appeared:
For the Petitioner: SRI. D. KISHORE, ADV.
For the Respondent: SMT. GIRIJA GOPAL, SPECIAL GOVERNMENT PLEADER, SRI. N. NAGARESH, ASSISTANT SOLICITOR GENERAL, SRI. K. THYAGARAJESWARAN, SRI. P.K. MANOJKUMAR, SRI. THOMAS MATHEW NELLIMOOTTIL, ADVS.

JUDGMENT :

P.V. ASHA, J.

1. The question to be considered in this Original Petition is whether the period of training undergone by the petitioner, who was advised by the Kerala Public Service Commission (hereinafter referred to as the ‘PSC’ for short) for appointment as Deputy Collector, can be reckoned as service for the purpose of consideration of his case for appointment by promotion to All India Service. The Central Administrative Tribunal (hereinafter referred to as the ‘CAT’) dismissed his O.A. rejecting his claim.

2. The facts leading to the impugned order are as follows:-

The Kerala Public Service Commission, as per letter No.R1A(2) 1414/05/GW dated 15.01.2005, advised the petitioner for appointment as Deputy Collector on Rs.7800-12975/- (revised) in the Land Revenue Department by direct recruitment as envisaged in Rule 2 of the Special Rules for the Kerala Civil Service (Executive). As per Annexure A5 order dated 9.8.2005, the Government accorded sanction for creation of one supernumerary post of Deputy Collector for a period of 14 months from the date of joining of the petitioner. Simultaneously, by the very same order Annexure A5 the Government appointed the petitioner as De




















































































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