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 Deputy Collector on training and ordered that he would undergo training in Quilon district in accordance with the programs prescribed in G.O.(MS)No.1373/77/R.D dt.15.10.1977. The District Collector, Quilon was directed to arrange the training program for the petitioner, except secretariat training. Further, the Government accorded sanction for payment of Rs.7,800/- per month, being the minimum of the scale of pay of Deputy Collector plus the usual allowances during the period of the training. It was stated that he would be entitled to the regular scale of pay only on successful completion of the prescribed period of training. By Annexure A6 order dated 27.5.2010, the Government regularised the services of the petitioner in the cadre of Deputy Collector with effect from the date of joining duty in service, viz. 29.10.2005. By Annexure A11 order dated 2.11.2005, the District Collector, Thiruvananthapuram admitted the petitioner to duty with effect from 29.10.2005 and posted him for training with the Village Officer, Vanchiyoor in Thiruvananthapuram Taluk for one month and to hold independent charge of the Village Officer, Vanchiyoor for one month from 29.11.2005 and for training with Revenue Inspector, Taluk Office, Thiruvananthapuram, for three weeks from 29.12.2005. It was ordered that the petitioner, Deputy Collector, on training was deemed to have attended the program w.e.f. 29.10.2005. Thereafter, on the successful completion of the training, the Government, by Annexure A14 dated 6.1.2007, posted the petitioner as Revenue Divisional Officer, Thrissur in the existing vacancy w.e.f 29.12.2006. The petitioner had successfully completed the 14 months’ training program on 28.12.2006.

3. A Deputy Collector is eligible for promotion to Indian Administrative Service (IAS) on completion 8 years continuous service. A person who has crossed the age of 54 as on 1st day of January of the year of selection is not eligible for consideration. The petitioner's date of birth is 31.05.1960. As the applicant was the second senior most candidate in the State Civil Service, he submitted a representation on 29.10.2013 to place his case for consideration by the committee. Though he had requested to consider the service rendered by him in the I.S.R.O prior to his appointment in the Land Revenue Department, he is not pressing that claim in this O.P. The Commissioner for Land Revenue as per Annexure A2 letter dated 30.10.2013, forwarded his representation to the Secretary, Department of Revenue, in which it was stated that he had completed 8 years’ service in the cadre of Deputy Collector; his service was regularised w.e.f 29.10.2005. As there was no action, the petitioner submitted Annexure A3 representation on 10.01.2014 addressed to the Chief Secretary requesting to forward