IMPORTANT POINT
The distinction between 'appointment' and 'promotion' is crucial, allowing for different legal interpretations and applications of rules regarding suitability tests.

JUDGMENT :

Harisankar V. Menon, J.

These connected writ appeals are filed under Section 5 of the Kerala High Court Act, 1958, against a common judgment dated 18.01.2016 in W.P.(C)Nos.20916 of 2005 and connected cases, rendered by a learned Single Judge of this Court.

2. Since the learned Single Judge has referred to the facts in W.P.(C)No.20916 of 2005 while rendering the impugned judgment, for the purpose of disposal of these appeals, we also refer to the facts available in W.A.No.1020 of 2016, filed against W.P.(C)No.20916 of 2005.

3. The petitioners in W.P.(C)No.20916 of 2005 are stated to be employed as Office Attendant-II with the 1st respondent Kerala State Electricity Board (for short ‘the Board’). By Ext.P1 Board order dated 29.01.1971, the method of appointment and qualifications to the post of lower Division Clerk in the Board were prescribed. As per the above order, 15% of vacancies were set apart for promotion of Lower Grade employees like the Attenders, prescribing the eligibility criteria as pass in SSLC with not less than 40% marks, not less than 5 years continuous service under the Board, and a pass in the suitability test conducted by the 4th respondent Kerala Public Service Commission. By Ext.P2 dated 14.07.1995, in consultation with the Kerala Public Service Commission, the Board prescribed the following conditions for appointment to the post of Junior Assistant/Cashier from among the Lower Grade employees of the Board against the 15% of vacancies.

(i) Pass in SSLC

(ii) 5 years experience under the Board (3 years for Pre-Degree holders)

(iii) Pass in the suitability test with 40% marks, conducted by the Kerala Public Service Commission.

4. In the meantime, the Office Attenders, etc., who were appointed in the Board being Sports persons were waived from clearing the eligibility test, by Ext.P4 order issued by the Board dated 06.07.2005. In the said order, it is held as under:

“Having considered the note read as 2nd paper above, sanction is accorded to exclude the sports recruits in the Board from the requirement of Suitability Test for promotion to the cadre of Junior Assistant/Cashier.

2) Sanction is also accorded to promote the sports recruits in the Board to the cadre of Junior Assistant/Cashier w.e.f. 01-07-2005, as was done prior to 14-07-1995, following the guidelines stated below:

“Sports recruits, who have passed SSLC and having length of service of 5 years of Pre-degree having length of service of 3 years, in the pay scale of and below that of Junior Assistant will be appointed as Junior Assistant/Cashier. They will be imparted with training for 6 months in the post of Junior Assistant/Cashier and will be regularized in that post on satisfactory completion of the training and prescribed probation period.”

3) Necessary posting orders will be issued by the Chief Engineer-HRM, K.S.E.Board.”

On the basis of the Ext.P5 Board order, 44 sports persons were provisionally promoted as Cashiers. These 44 persons have been impleaded in the writ petition as respondents 5 to 46.

5. The petitioners have filed W.P.(C)No. 20916 of 2005 under Article 226 of the Constitution of India seeking a writ of certiorari quashing Exts.P4 to P6 orders and also for a declaration that those workmen recruited in the sports quota have to possess the qualifications prescribed in Ext.P2 Board order for being promoted as Junior Assistant/Cashier. It was also prayed that, the 4th respondent in the writ petition-the Kerala Public Service Commission-may be directed to conduct suitability test for selecting the candidates for promotion as Junior Assistant/Cashier in the Board in the 15% quota for the Lower Grade employees.

6. The party respondents in the writ petition filed a counter affidavit, relying on Rule 39 of the Kerala State and Subordinate Service Rules, 1958 (for short ‘KS & SSR’) and contending that there can be relaxation of the general provisions applicable in the case of a group of persons or an individual, provided the exemption granted i