Rule 13B of KS & SSR provides permanent exemptions from suitability tests for employees aged 50 and above.

Dated this the 8^th day of October, 2025 Syam Kumar V.M., J.

These Writ Appeals filed by the Kerala State Electricity Board (KSEB) are heard and disposed of together since they raise common questions for consideration.

2. Writ Appeal No.77 of 2016 is filed challenging the judgment dated 23.07.2014 of the learned Single Judge in W.P.(C) No.8785 of 2010, allowing the Writ Petition and quashing Ext.P5 order, which held that the respondent employee is ineligible to get regularisation as a cashier as he had not passed the suitability test and inter alia seeking a direction to the KSEB to consider the petitioner therein for regularisation in the post of cashier expeditiously.

3. Writ Appeal No.2234 of 2023 is filed challenging the judgment dated 25.05.2023 of the learned Single Judge in W.P.(C) No.3936 of 2011 disposing of the W.P.(C) inter alia directing the case of the respondent employee for regularisation and for consequential promotion to the post of Senior Assistant without taking objection regarding the suitability test and to carry out the said exercise within the period specified in the judgment.

4. The question that comes up for consideration in both these Writ Appeals concerns the applicability of the benefit of Rule 13B of the Kerala State and Subordinate Services Rules, 1958 (KS & SSR) and the proviso thereto. Rule 13B and proviso thereof stipulate that the persons who had attained 50 years on or after 26.08.1981 shall be eligible for permanent exemption from passing of the obligatory departmental tests.

5. The respondent in Writ Appeal No.77 of 2016 had in the W.P.(C) contended that after his appointment to the post of cashier on 24.08.2007, a notification for conducting the suitability test was issued by the Kerala Public Service Commission (KPSC) on 21.07.2009 and by that time, he had crossed 50 years of age, he is entitled to get the benefit of permanent exemption under Rule 13B of Part II of the KS & SSR. On similar lines, the respondent in W.A.No.2234 of 2023 had contended that, he attained the age of 50 years in the year 2006 and till 2009 no examination had been held by the KPSC and hence he could not have been imposed, with the condition of undergoing suitability test in view of Rule 13B of the KS & SSR and the proviso thereto, which envisaged a deemed exemption. The said contentions had been upheld by the learned Single Judge and it was held that the respective respondents are entitled to the benefit of deemed exemption under the relevant provision of the KS & SSR. Aggrieved by the same, the KSEB has preferred these appeals.

6. We have heard Sri.Antony Mukkath, Advocate for the appellant KSEB and Sri.Dinesh R.Shenoy, Advocate & Sri.Hafy Punthala Wilson, Advocate for the respondent employee in the Writ Appeals.

7. The learned counsel for the appellant KSEB submitted that the judgment of the learned Single Judge overlooks the fact that exemption, if any, under Rule 13B of Part II of the KS & SSR and Proviso applies only to Departmental Tests and not to Suitability Tests. According to the learned counsel, Rule 13B had no applicability at all to the fact situation of the respondents as it applies only to Departmental tests. The test in the cases at hand was a suitability test mandated and stipulated under the Special Rules applicable to the KSEB as a prescribed qualification. Pointing to Ext.R1(a), which is an order dated 14.07.1995 issued by the KSEB, it is contended that the same is the Special Rule as far as the KSEB is concerned and though Rule 13B would apply to the KSEB since this test has been prescribed as a qualification, the same cannot be exempted. The said aspect has been overlooked in the impugned