Transfer within services does not relinquish rights to promotion in the parent service if the branch remains part of the main service.

1 This Writ Appeal arises from the judgment in OP No. 4546 of 1984. The learned Judge dismissed the Original Petition holding that petitioner was no longer a member of the Kerala Engineering Service and was therefore not competent to be included in the elect list for promotion to the post of Chief Engineer in that Service. The question which arises for our consideration is whether or not the petitioner and others like him who, while working in the Kerala Engineering Service (also referred to here as the "main" or "general" Service), joined, the mechanical branch of that Service, ceased to be members of the main Service so as to be ineligible for promotion to the post of Chief Engineer. In other words, is the mechanical branch an independent Service, or is it, as contended by the petitioner, a part of the Kerala Engineering Service?

2 Schedules.1 and 2 of the Kerala Civil Services (CC & A) Rules, 1960 respectively contain the lists of Kerala State Services and Kerala Subordinate Services. Item No. 7 in the 1st Schedule is the Kerala Engineering Service and item No. 7 in the IInd Schedule is the Kerala Engineering Subordinate Service.

3 All persons in the Kerala Engineering Service are governed by Ext. P1 Special Rules dated 17-5-1965. According to these rules, the Engineering Service consists of four categories. They are:

Appointment to these categories is made according to the following method:

4 By Ext. P2 the Government proposed to set up a special unit or branch within the Kerala Engineering Service. This unit was to be called the Central Mechanical Unit dealing with certain specialised branches of the main service, Ext. P2 provided:
"4. ........................... .......................
(i) A post of Senior Mechanical Engineer will be created under the CE(1) (Chief Engineer (Irrigation)). He will assist the C. E. (1) in exercising overall control over the Mechanical workshops and equipments in the PWD in dealing with central purchase of tools and. plants. He will also inspect, control and co-ordinate all mechanical units under the PWD. He will function as Dy. Chief Engineer (Mechanical) in the CE's office under the CE(1)."

5 It is significant that what was proposed to be set up under Ext. P2 was a unit or branch within the main Service and the highest officer of the new unit, namely, the Senior Mechanical Engineer, would function under Chief Engineer (Irrigation). The Chief Engineer (Irrigation) is one of the Chief Engineers in the Service and he deals with certain specified functions of that Service. That Chief Engineer would thus be the ultimate head of the officers opting for the new unit. The method of appointment of these officers was proposed under Ext. P2 dated 13-12-1972 to be by transfer from the category of Superintending Engineers in the Kerala Engineering Service. In 1976 the Government made the Special Rules relating to the Mechanical branch. These Rules provide:

9. Initial formation of Service:- The service shall be formed first with the personnel from the corresponding posts in the Kerala Engineering Service who possess the qualifications prescribed in these rules after obtaining their willingness to be appointed by transfer to this service and the existing posts shall be filled up accordingly. In the absence of qualified and willing hands for appointment by transfer such posts shall be filled up by direct recruitment according to these rules."
 (emphasis supplied)

6 The willingness of the petitioner and others like him to go over to the new unit or branch had been duly communicated and referred to in Ext. R5(C) dated 30.11.1979. In this and other orders such as Exts. P3, R5(B) and R5(D), the Government refer to the new unit as the mechanical branch of the Kerala Engineering Service.

7 Ext. R5(A) is a statement showing service particulars of the petitioner, respondents 3, 4 and 5 and one Gopalan Nair, the immediate senior of the petitioner. It is seen from that statement that persons listed there as 1 to 4 were senio