The High Court's supervisory jurisdiction under Article 227 does not permit appellate review; compliance with promotion conditions under the Kerala State Subordinate Services Rules is essential for SC/ST employees.

JUDGMENT

Muralee Krishna S., J.

The applicant in O.A.No.1175 of 2018 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram, (‘the Tribunal’ for short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P7 order dated 26.09.2022 passed by the Tribunal in that original application.

2. The petitioner-applicant is a member of the scheduled caste community. She entered service in the Urban Affairs Department as a Lower Division Clerk/Bill Collector on 08.11.1991. Her probation in that cadre was declared as satisfactorily completed with effect from 31.03.1994. She passed the prescribed departmental test for promotion in June 2005 and was given promotion to the cadre of Senior Clerk on 12.01.2006.

2.1. In the original application, the petitioner pleaded that Rule 13A(1)(a) of Part II of the Kerala State and Subordinate Services Rules (‘KS&SSR’ for short) provides that where a pass in a special or departmental test is prescribed by the Special Rules of a service for any category, grade or post therein or in any class thereof, a member of a service belonging to any of the Scheduled Caste or Scheduled Tribe who has not passed the said test but is otherwise qualified and suitable for appointment to such class, grade or post may be appointed thereto temporarily. Rule 13A(2) provides that if an incumbent appointed under clause (a) of sub- rule (1) does not pass the test within three years from the date of such appointment, he shall be reverted to the class, category, grade or post from which he was appointed. Rule 13AA provides that the Government may, by order, exempt for a specific period, any member belonging to a Scheduled Caste or Scheduled Tribe and already in service from passing the test referred to in Rule 13 or 13A of the said Rules. Rule 13(B) provides that orders exempting members of the Scheduled Castes and of the Scheduled Tribes issued under Rule 13AA shall be deemed always to have been applicable to members of the Scheduled Caste and of the Scheduled Tribes who entered service after the said date also.

2.2. According to the petitioner, the Government, in exercise of powers under Rule 13AA, has issued GO(Ms)No.22/77/PD dated 13.01.1972 giving temporary exemption for two years from passing the test to those SC/ST employees who entered the service as on 31.12.1985 or before. Later, as per the Government order dated 28.11.1997, it was clarified that the benefit of the test exemption period is applicable not only for the promotion test but also for the probation test. It was stipulated that the benefit was not extended to those who entered the service on or after 01.01.1986. The above stipulation has created certain confusion regarding temporary promotion to SC/ST employees who have not passed the promotion and probation test in view of Rule 13, for a long period and thereby, temporary promotions of SC/ST employees have not been effected for a long time.

2.3. According to the petitioner, as per Annexure A3 circular dated 24.02.2012, the Government clarified that the exemption granted as per the aforesaid orders is applicable to the members of the SC/ST community who entered service on or after 01.01.1986, who have satisfactorily completed their probation period, but not passed a promotion test and those employees are entitled to get test exemption qualification for a period of three years from the date on which they would have been promoted, had they passed the test in time. It was further directed to review the cases of those employees who were not given the benefit and to grant them seniority and