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Kerala State and Subordinate Services Rules, 1958

(Updated in 2025) (As Amended by S. R. O. No. 681/2025 published in K. G. Ext. No. 2213 dt. 17/06/2025 - Amendment in Rule 28(b)(i)(7) S. R. O. No. 149/2025 dt. 12/02/2025 - Amendment in Part II Rule 4 S. R. O. No. 1179/2024 dt. 21/12/2024 - Amendment in Part II Rule 13A(1)(b) S.R.O.No.1036/2024 dt. 13/11/2024 - Amendment in Part II Rule 17C S. R. O. No. 875/2024 dt. 01/10/2024 - Amendment in Part I Rule 2(6)(g) S. R. O. No. 826/2024 dt. 13/09/2024 - Amendments in Part I Schedule List III in Item 10, Item 13A, Item 53, Item 54A and Item 63 S. R. O. No. 1298/2023 dt. 04/12/2023 - Amendment in Rule 38 S. R. O. No. 1270/2023 dt. 25/11/2023 - Amendments in Part I Schedule List III in Item 39A, Item 55A and Item 73. S. R. O. No. 767/2023 dt. 12/07/2023 - Amendment in Part II (Rule 27 (c)) S. R. O. No. 852/2022 dt. 31/08/2022 S. R. O. No. 817/2022 S. R. O. No. 815/2022 SRO No. 381/2016, SRO No. 124/2022 SRO No. 396/2015, SRO 822/2015, and SRO 824/2015) In exercise of the powers conferred

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S.Rule 4A

Every candidate who applies for admission to the Special/ Departmental tests conducted by the Public Service Commission or for certificate of pass/attendance or for mark lists thereof shall be required to remit a fee as may be prescribed by the Commission with the prior approval of the Government, for each paper of these tests or for certificate of pass as the case may be and such fee shall be specified by the Commission in the notification inviting applications for admission to such tests.


S.1[Rule 5A

x x x x]


S.Rule 6 Right of probationers and approved probationers to reappointment.--

A vacancy in any service, class or category not being a vacancy which should be filled by direct recruitment under the Special Rules referred to in clause (a) of rule 5 shall not be filled by the appointment of a person who has not yet commenced his probation in such service, class or category when and approved probationer or a probationer therein is available for such appointment.


S.Rule 7 Discharge and re-appointment of probationers and approved probationers.--

(a) The order in which probationers and approved probationers shall be discharged for want of vacancies shall be:-
first, the probationers in order of juniority, and second the approved probationers in order of juniority.

(b) Approved probationers and probationers who have been discharged for want of vacancies shall be re-appointed as vacancies arise in the inverse of the order laid down in sub-rule (a):

Provided (1) that the said order may be departed from in cases where such order would involve excessive expenditure on travelling allowance or exceptional administrative inconvenience, and (2) that such order may be departed from in the case of Scheduled Castes, Scheduled Tribes and other Backward Classes in accordance with the provisions in the Special Rules contained in Part III relating to the relevant service:

Provided further that in the case of posts in more than one Department / Institution, for which a common selective list is prepared by the Commissi

S.Rule 8 Members absent from duty.--

The absence of a member of a service from duty in such service, whether on leave, other than leave without allowances granted and availed of as per appendix XII A, appendix XII B or appendix XII C of Part I of Kerala Service Rules, on foreign service or on deputation or for any other reason and whether his lien in a post borne on the cadre of such service is suspended or not, shall not, if he is otherwise fit, render him ineligible in his turn,-

(a) for re-appointment to a substantive or officiating vacancy in the class, category, grade or post in which he may be a probationer or an approved probationer;

(b) for promotion from a lower to a higher category in such service; and

(c) for appointment to any substantive or officiating vacancy in another service for which he may be an approved candidate;
as the case may be, in the same manner as if he has not been absent. He shall be entitled to all the privileges in respect of appointment, seniority, probation an

S.Rule 9 Temporary appointments.--

(a) (i) Where it is necessary in the public interest, owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a service, class or category and there would be undue delay in making such appointment in accordance with these rules and the Special Rules, the appointing authority may appoint a person, otherwise than in accordance with the said rules, temporarily:

Provided that before a person is appointed under this clause, persons who are admittedly senior to him shall also be appointed even if they are absent from duty, whether on leave other than leave without allowances granted and availed of as per appendix XII A, appendix XII B or appendic XII C of part I of the Kerala Service Rules or on foreign service or on deputation or for any other valid reason, except due to suspension and allowed to continue as such subject to the condition that persons so appointed shall not be eligible for the higher time scale of pay by virtue of such a

S.Rule 9A Appointment by agreements.--

(1) When in the opinion of the State Government special provisions inconsistent with any of these rules or of any other rules made under the proviso to Article 309 of the Constitution of India or continued by Article 313 of that Constitution (hereinafter referred to in this rule as the said rules) are required in respect of conditions of service, pay and allowances, pension, discipline and conduct with reference to any particular post or any of them, it shall be open to the State Government to make an appointment to such post otherwise than in accordance with these rules or the said rules and to provide by agreement with the person so appointed for any of the matters in respect of which in the opinion of the State Government special provisions are required to be made and to the extent to which such provisions are made in the agreement, nothing in these rules or the said rules shall apply to any person so appointed in respect of any matter for which provision is made in the agreement

S.Rule 9B

Notwithstanding anything contained in these rules or in the Special Rules, the Government may, in public interest and for reasons to be recorded in writing depute or transfer officers from one service to another or from one department to another within the same service or send to or take in officers from other Governments or statutory bodies subject to such conditions as the Government may in each case impose:

Provided that in the case of transfers in the interest of security of State, the reasons need not be recorded if Government are satisfied that it is not expedient to disclose the reasons for such transfer:

Provided further that the Commission shall be consulted in respect of such deputations and transfers whenever such consultation has not been specifically excluded by the provisions of the Kerala Public Service Commission (Consultation) Regulations, 1957.


S.1[Rule 10A

A probationer in a service in the entry cadre who does not come under the purview of sub-rule (aaaa) of rule 10 and who has not studied Malayalam as one of the languages till Standard X or as a subject at Plus-two or at Degree level shall pass within the period of probation, a language test in Malayalam with not less than 40% marks conducted by the Kerala Public Service Commission which shall be equivalent to Senior Higher Diploma test of the Malayalam Mission.

Note:-- Class IV employees and those who have already passed the Senior Higher Diploma test of Malayalam Mission are exempted from passing the test conducted by the Kerala Public Service Commission.]


S.Rule 11 Special qualifications to be acquired or Special Test to be passed during probation.--

Where a probationer has, before he commenced his probation, already acquired any special qualification or passed any special test prescribed by the Special Rules or has acquired such other qualification as may be considered by the State Government or by the appointing authority with the approval of the State Government to be equivalent to the said special qualification or special test, he shall not be required to acquire such special qualification or to pass such special test again after the commencement of his probation.


S.Rule 12 Qualifications for promotion.--

(a) Where general educational qualifications, special qualifications or special tests are prescribed by the Special Rules of a service for any category, grade or post therein, or in a class thereof, which are not prescribed for a category or grade in such service or class carrying a lower rate of pay and no member in the category or grade carrying the lower rate of pay is eligible for promotion to such category, grade or post a member in such lower category or grade may be promoted to the category or grade carrying the higher rate of pay temporarily until a member of the former category or grade qualified under this rule is available for promotion. A member temporarily promoted under this rule shall not by reason only of such promotion, be regarded as a probationer in the category or grade to which he has been promoted, or be entitled to any preferential claim to future promotion.

(b) A probationer in a category carrying a lower rate of pay who is promoted temporarily under s

S.Rule 13 Special qualifications.--

No person shall be eligible for appointment to any service, class, category or grade or any post borne on the cadre thereof unless he,-

(a) possesses such special qualifications and has passed such special tests as may be prescribed in that behalf in the Special Rules, or

(b) possesses such other qualifications as may be considered to be equivalent to the said special qualifications or special tests-

 (i) by the Commission in cases where the appointment has to be made in consultation with it; or

 (ii) by the State Government or by the appointing authority with the approval of the State Government, in other cases.

Provided that in the case of the ministerial staff of the different departments/ offices in the Kerala Judicial Ministerial Subordinate Service and in the Kerala Ministerial Subordinate Service the unified tests prescribed in G O (P) No. 22/63/PD dated 14th January, 1963, as subsequently amended or clarified shall be applicable,

S.Rule 13A Special and Department Tests--Temporary exemption for promotion.--

(1) Notwithstanding anything contained in rule 13,--

 (a) Where a pass in a special or departmental test is [x x x x] 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 castes or scheduled tribes who has not passed the said test but is otherwise qualified and suitable for appointment to such class, category, grade or post may be appointed thereto temporarily.

 (b) Where a pass in a special or departmental test is newly 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 who has not passed the said test but is otherwise qualified and suitable for appointment to such class, category, grade or post may, within two years of the introduction of the test, be appointed thereto temporarily.

1[Provided that Special or departmental test mentioned in clauses (a

S.Rule 13AA

Notwithstanding anything contained in these rules, the Government may, by order, exempt for a specified period, any member or members, belonging to a Scheduled Caste or a Scheduled Tribe and already in service, from passing the tests referred to in rule 13 or rule 13A of the said Rules.

Provided that this rule shall not be applicable to tests prescribed for purposes of promotion of the executive staff below the rank of Sub Inspectors belonging to the Police Department.

Note.--This proviso shall be deemed to have come into force with effect from 13/01/1972.


S.Rule 13AB

The orders exempting members of the Scheduled Castes and of the Scheduled Tribes who were in service on the 13th January, 1972, issued under rule 13AA shall be and shall be deemed always to have been applicable to members of the Scheduled Castes and of the Scheduled Tribes who entered service after the said date also.


S.1[Rule 13B

Notwithstanding anything contained in these rules, Special Rules or any executive orders, persons in Government Service who attain the age of 50 years shall
be eligible for permanent exemption from passing the obligatory departmental tests other than those prescribed as essential qualification in the Special Rules or executive orders for
all purposes such as promotion, appointment as full member of service etc.:

 Provided that this rule shall not be applicable to tests prescribed for purposes of promotion of executive staff belonging to the Police Department:

 Provided further that Ex-servicemen employees of Rajya Sainik Board Department and National Cadet Corps Department who attain the age of 45 years and who have successfully completed probation shall be permanently exempted from passing the tests prescribed for promotion other than those prescribed as essential qualification.]


S.Rule 13BB

The provisions in rules 13A, 13AA and 13B of these Rules shall not apply to the qualifying courses/training prescribed for the members of the Kerala Fire Service and the Kerala Fire Subordinate Service.


S.Rule 14 Reservation of appointments.--

Where the special rules lay down that the principle of reservation of appointments shall apply to any service, class or category, or where in the case of any service, class or category for which no special rules have been issued, the Government have by notification in the Gazette declared that the principle of reservation of appointments shall apply to such service, class or category, appointments by direct recruitment to such service, class or category shall be made on the following basis:-

(a) The unit of appointment for the purpose of this rule shall be 20, of which two shall be reserved for scheduled castes and scheduled tribes and 8 shall be reserved for the other Backward classes and the remaining 10 shall be filled on the basis of merit:

Provided that out of every five posts reserved for Scheduled Castes and Scheduled Tribes, one shall go to Scheduled Tribe candidate and the remaining four shall go to Scheduled Caste candidates and in the absence of a candidate

S.Rule 15

(a) The integrated cycle combining the rotation in clause (c) of rule 14, and the sub-rotation in sub-rule (2) of rule 17 shall be as specified in the Annexure to this Part. Notwithstanding anything contained in any other provisions of these rules or in the Special Rules if a suitable candidate is not available for selection from any particular community or group of communities specified in the Annexure, such vacancy shall be kept unfilled, notified separately for that community or group of communities for that selection year and shall be filled by direct recruitment exclusively from among that community or group of communities. If after re-notification, repeatedly for not less than two times, no suitable candidate is available for selection from the respective community or group of communities, the selection shall be made from available Other Backward Classes candidates. In the absence of Other Backward Classes candidates, the selection shall be made from available Scheduled Castes

S.Rule 16

There shall be sub-rotation among major groups of Other Backward Classes, [xxxx]


S.Rule 17

(1) The grouping of Other Backward Classes for the above purpose shall be as indicated below.--

 1. Ezhavas, Thiyyas and Billavas

 2. Muslims

 3. Latin Catholics and Anglo Indians

 4. Hindu Nadars
 
 4A Nadars included in S.I.U.C.

 5. Scheduled Caste Converts to Christianity

 6. Viswakarmas

 7. Dheevaras

 8. Other Backward Classes put together i.e., communities other than those mentioned in items 1 to 7 above included in the list of "Other Backward Classes".

(2) (a) The 40% reservation allowed to Other Backward Classes shall be distributed among the different groups of Backward Classes in the following proportion:-

 (i) For direct recruitment to posts included in the Kerala Last Grade Service.

 Out of every 40 appointments, 11 shall be given to Ezhavas, Thiyyas and Billavas, 10 to Muslims, 4 to Latin Catholics and Anglo-Indians, 1 to Hnidu N

S.Rule 17A Special recruitment from among the Scheduled Castes and Scheduled Tribes.--

Notwithstanding anything contained in these rules or in the special rules, the State Government may reserve a specified number of posts in any service, class, category or grade to be filled by direct recruitment exclusively from among the members of Scheduled Castes and Scheduled Tribes.

This rule shall be deemed to have come into force with effect from 25/11/1959.


S.Rule 17B

Notwithstanding anything contained in rule 10 (c) or in any Special Rules, the age limit for Special Recruitment from among the Scheduled Castes and Scheduled Tribes under rule 17A, to the posts in the various Departments shall be such, as may be fixed by Government, either by executive order or by Special Rules from time to time.


S.Rule 17C

1[The candidate claiming the benefit of age relaxation/reservation in appointments/special recruitments by virtue of being a member of the Backward Classes/Scheduled Castes/Scheduled Tribes/Economically Weaker Sections as provided for in sub-rules (c), (d) and (dd) of rule 10, rule 14, rule 17A and rule 17B ibid shall produce to the satisfaction of the Kerala Public Service Commission, certificates/ relevant documents as required by them, to prove the claim in the application and in any case, on or before the date fixed by the Kerala Public Service Commission for the production of documents.]


S.Rule 17D

3[Any Appointing Authority and Government Servant as defined in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 who violate the Principles of reservation of appointments as provided in Rule 14 to rule 17 of these rules wilfully and deliberately shall be liable to the proceeded against under the said Rules for direliction of duty and the penalties under the said rules may be imposed on him.]


S.Rule 18

(a) Date of commencement of probation of persons first appointed temporarily.- If a person, having been appointed temporarily under sub-rule (a) or sub-rule (c) of rule 9 to a post borne on the cadre of any service, class or category otherwise than in accordance with the rules governing appointment thereto, is subsequently appointed to the service, class or category in accordance with the rules, he shall commence his probation from the date of such subsequent appointment or from such earlier date as the appointing authority may determine, without prejudice to seniority of others [x x x x]

(b) Service in a different service counting for probation.-- A probationer in a service or a class or category of a service shall be eligible to count for probation his service, if any, performed otherwise than in a substantive capacity on regular appointment to another service in accordance with the rules if the normal method of recruitment to the latter service is according t

S.Rule 19 Suspension, termination or extension of probation.--

(a) Where the Special Rules of any service prescribe a period of probation for appointment as a full member of the service or where such period of probation has been extended under General Rule 21, the appointing authority may, at any time before the expiry of the prescribed period of probation or the extended period of probation, as the case may be-

(i) suspend the probation of a probationer and discharge him [x x x x] for want of vacancy, or

(ii) at its discretion, by order, either, terminate the probation of a probationer and discharge him [xxxx] or in case the probation has not been extended under General Rule 21 extend the period of his probation, after giving him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

 Provided that where a probationer has been given a reasonable opportunity of showing cause against the imposition on him of any of the penalties specified in items (iv), (vii), (viii) and (ix)

S.Rule 20 Probationer's suitability for full membership.--

(a) At the end of the prescribed or extended period of probation, as the case may be, the appointing authority shall consider the probationer's suitability for full membership of the service, class or category for which he was selected:

Provided that in case the probation was extended under rule 21, solely to enable the probationer to acquire the special qualifications or to pass the prescribed tests, the appointing authority shall consider the probationer's suitability for full membership of the service, class or category as soon as the probationer has acquired the special qualifications or has passed the prescribed tests.

(b) If the appointing authority decides that a probationer is suitable for such membership, it shall as soon as possible issue an order declaring the probationer to have satisfactorily completed his probation. On the issue of such order, the probationer shall be deemed to have satisfactorily completed his probation on the date of the expiry of the p

S.Rule 20A Delay in the order of probation.--

Any delay in the issue of an order discharging a probationer under clause (ii) of sub-rule (a) of rule 19, or clause (i) or (ii) of sub-rule (b) of that rule or sub-rule (c) of rule 20, shall not entitle him to be deemed to have satisfactorily completed his probation.


S.Rule 21 Extension of probation.--

In the case of any probationer falling under sub-rule (b) of rule 19 or sub-rule (c) of rule 20; the Appointing Authority may extend his. probation for a maximum period of one year to enable him to acquire special qualifications or pass the prescribed tests, as the case may be, or to enable the appointing authority to decide whether the probationer is suitable for full membership or not. Extension of probation beyond one year may, however, be ordered by Government if found necessary. In cases where the probation of a probationer is extended a condition shall, unless there are special reasons to the contrary, be attached to the order of extension of probation that the probationer's increment shall be stopped until he is declared to have satisfactorily completed his probation. Such stoppage of increment shall not be treated as a penalty but only as a condition of extension of probation and shall not have the effect of postponing future increments after he has passed the prescribed tes

S.Rule 22 Exercise of certain powers of Appointing Authority by higher authorities.--

The powers conferred on the Appointing Authority, other than the State Government, may be exercised also by any higher authority to whom the appointing authority is administratively subordinate whether directly or indirectly, in the following cases:--

(1) Termination of probation of a probationer under rule 19 (a) (ii).

(2) Discharge of a probationer under rule 20 (c).

(3) Extension of probation under rule 19 (a) (ii) or rule 21.


S.Rule 23 Appeal against discharge.--

(a) A probationer who is discharged under clause (ii) of sub-rule (a) of rule 19 or under sub-rule (c) of rule 20 shall be entitled to appeal against the order of discharge passed by the competent authority to the authority to which and within the period of limitation within which an appeal would lie against an order of dismissal passed by the competent authority against a full member of his service, class or category, as the case may be:

Provided that in the case of a probationer in a State Service who is discharged from service by an authority subordinate to the State Government, an appeal shall lie to the State Government.

(b) The authority competent to entertain an appeal under sub-rule (a) may, either of its own motion or otherwise, revise any order discharging a probationer under any of the provisions referred to in the said sub-rule, within one year of the date of such order.

(c) (i) When an order discharging a probationer is set aside on appeal und

S.Rule 24 Appointment of full members.--

(a) Subject to the provisions of rule 8 an approved probationer shall be appointed to be a full member of the service in the class or category for which he was selected, at the earliest possible opportunity, in any substantive vacancy which may exist or arise in the permanent cadre of such class or category and if such vacancy existed from a date previous to the issue of the order of appointment, he may be so appointed with retrospective effect from the date or, as the case may be, from any subsequent date from which he was continuously on duty as a member of the service in such class or category or in a higher class or category:

Provided that where more than one approved probationer is available for such appointment as full member, the senior most approved probationer on the date of the vacancy shall be appointed.

Provided further that notwithstanding anything contained in this sub-rule, a candidate who is recruited direct to a post in any service, class, category or

S.Rule 25 Appointment as full member, discharge and re-appointment of members who are not probationers or approved probationers.--

In regard to persons appointed to any class or category of a service by promotion in respect of whom the Special Rules of the service do not prescribe a period of probation in the class or category to which they have been promoted, rules 6, 7 and 24 of this Part shall be construed, as if 'probation' and 'probationer' or 'approved probationer' meant 'officiating service' and 'person officiating' respectively,


S.Rule 26 Membership of more than one service.--

No person shall at the same time be a full member of more than one service.

A probationer, approved probationer or full member of one service who is appointed to be a full member of another service shall cease to be a member of the former service.


S.Rule 27 Seniority.--

(a) Seniority of a person in a service, class, category or grade shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such service, class, category or grade.

Explanation.--For the purposes of this sub-rule, "appointment" shall not include appointment under rule 9 or appointment by promotion under rule 31.

This amendment shall be deemed to have come into force with effect on and from the 17th December, 1958, but shall not affect the seniority of any member of a service settled prior to the date of publication of this amendment in the Gazette:

Provided that the seniority of persons on mutual or inter-unit or inter-departmental transfer from one Unit to another within the same Department or from one Department to another, as the case may be, on requests from such persons shall be determined with reference to the dates of their joining duty in the new Unit or Department. In the cas

S.1[Rule 27A

x x x x]


S.Rule 27B

In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration of such order shall be submitted to Government by the aggrieved person within a period of six months from the date of receipt of the order, or the date of publication of the order in the Kerala Gazette, whichever is later.
 
1[Provided that the Government may entertain such representations even after the expiry of the period specified above, if it is satisfied that the applicant had sufficient cause for not submitting the representation in time.]


S.Rule 28 (a) Promotion.--

(i) Except in the case of appointment to the posts of Heads of Departments no member of a service or class of a service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category:

Provided that a probationer in a class, category or grade shall not be superseded for promotion to a higher class, category or grade by his junior, if the vacancy in the higher class, category or grade arises within the period specified in the Special Rules for completion of probation in the class, category or grade in which he is probationer and if he has passed the test or tests prescribed for successful completion of probation and is otherwise eligible and suitable for such promotion; but his promotion shall be subject to the condition that he satisfactorily completes the probation in the class, category or grade from which he was promoted within the period prescribed therefor, and for this purpo

S.Rule 28A

Notwithstanding anything contained in these rules or in the Special Rules, in the case of appointment to the posts of Heads of Departments, direct recruitment shall be resorted to in the absence of suitable persons for appointment by promotion or by transfer. Appointment by promotion or by transfer shall be made on the basis of merit and ability, seniority being considered only when merit and ability are approximately equal. Merit and ability shall be assessed by the authority competent in the Government to make such appointments:

Provided that the lists for consideration for appointment by promotion or by transfer to the posts shall not ordinarily consist of members of service who do not have at least one year of service before the date of their superannuation after appointment to such a post.


S.Rule 29 Revision of orders of appointment to selection posts.--

Subject to the provisions of Note (iiia) of sub-clause (7) and para (a) of sub-clause (8) of clause (i) of sub-rule (b) of rule 28 an order appointing a member of a service or class to a selection category or grade by promotion or by transfer may be revised by the State Government. Such revision may be made by the State Government either suo motu at any time or on a petition submitted by any aggrieved member within six months from the date of passing the order:

Provided that the said period of six months may be extended by the State Government if sufficient cause is shown for the delay in the submission of the petition.


S.Rule 30 Revision of list of approved candidates for appointment or promotion.--

Notwithstanding anything contained in these rules or in the Special Rules, the State Government shall have power to revise in any manner they consider suitable, any list of approved candidates, for appointment or promotion to any category, class or service, prepared by the Head of a Department, in exercise of the powers conferred on him by the Special Rules for any service.


S.Rule 31 Temporary promotion.--

(a) (i) Where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a higher category in a service or class by promotion from a lower category and there would be undue delay in making such promotion in accordance with the rules, the Appointing Authority may promote a person otherwise than in accordance with the rules, temporarily [xxxx]

Provided that before a person is promoted under this clause, persons who are admittedly senior to him shall also be promoted, even if they are absent from duty, whether on leave other than leave without allowances granted and availed of as per appendix XII A, appendix XII B or appendix XII C of part I of the Kerala Services Rules or on foreign service or on deputation or for any other valid reason except due to suspension and allowed to continue as such subject to the condition that persons so promoted shall not be eligible for the higher time scale of pay by

S.Rule 32 Postings and transfers.--

(a) A member of a service or class of a service may be required to serve in any post borne on the cadre of such service or class.

(b) All transfers and postings shall be made by the Appointing Authority.


S.Rule 33 Consequences of resignation.--

A member of a service shall, if he resigns his appointment, forfeit not only the service rendered by him in the particular post held by him at the time of resignation but all his previous service under the Government.

The re-appointment of such person to any service shall be treated in the same way as a first appointment to such service by direct recruitment and all rules governing such appointment shall apply; and on such re-appointment he shall not be entitled to count any portion of his previous service for any benefit or concession admissible under any rule or order.


S.Rule 34 Reduction of full members.--

(a) If a full member of any service, class, category or grade is substantively reduced to a lower service, class, category or grade, he shall be deemed to be a full member of the latter and the permanent cadre thereof shall, if there is no vacancy in which he could be absorbed, be deemed to be increased by one:

Provided that against every such addition an officiating or temporary vacancy, if any, in such lower service, class, category or grade, shall be kept unfilled and such addition shall be absorbed in the first permanent vacancy that subsequently arises in such lower service, class, category or grade, as the case may be.

(b) Appointment in place of members dismissed, removed or reduced.-- Where a person has been dismissed, removed or substantively reduced from any service, class, category or grade, no vacancy caused thereby or arising subsequently in such service, class, category or grade, shall be substantively filled to the prejudice of such person until t

S.Rule 35 Savings.--

(a) (i) Unless a contrary intention is expressly indicated therein, nothing contained in these rules shall adversely affect any person who was member of any service on the date of the coming into force of the rules.

(ii) Unless a contrary intention is expressly indicated therein nothing contained in any Special Rules governing a service, shall adversely affect any person who was a member of such service on the date of the coming into force thereof.

(b) Subject to the provisions of sub-rules (c) and (d) where these rules or the Special Rules would adversely affect in respect of any matter a person who has a member of any service before the date of coming into force thereof, he shall, in respect of such matter, be governed by the rules and orders, if any, which were applicable to him immediately prior to such date.


(c) A person who was on duty otherwise than in a substantive capacity in a post which was subsequently included in a service shall be regarded as a

S.Rule 36 Re-employment of pensioners.--

Nothing in these rules or the Special Rules shall be construed to limit or abridge the powers of the State Government and of subordinate authorities to re-employ persons who have retired on a civil pension or gratuity or who, while in service, were subscribers to a Contributory Provident Fund, in any service. The re-employment of such a person in any service shall not be regarded as a first appointment to that service.


S.Rule 37 Appointment of All India Service Officers to State posts.--

Notwithstanding anything contained in these rules or the Special Rules, an officiating or permanent officer of an All India Service may be appointed to any State Service, or class or category thereof. Such Officer shall not, by reason of such appointment, cease to be a member of an All India Service.


S.Rule 38 Relinquishment of rights by members.--

Any person may, in writing, relinquish any right or privilege to which he may be entitled under these rules or the Special Rules, if, in the opinion of the Appointing Authority, such relinquishment is not opposed to public interest; and nothing contained in these rules or the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished.

1[Provided that request for relinquishment of right for promotion/appointment by transfer to a post, under the above rule, shall not be allowed if such request for relinquishment is submitted by the employee on or after the date of order by which the person was promoted or appointed by transfer to the said post.]

Explanation.--The relinquishment of the right for promotion 2[or appointment by transfer] under this rule shall entail loss of seniority and a relinquishment of the right for promotion 2[or appointment by transfer] s

S.Rule 39

Notwithstanding anything contained in these rules or in the Special Rules or in any other Rules or Government Orders the Government shall have power to deal with the case of any person or persons serving in a civil capacity under the Government of Kerala or any candidate for appointment to a service in such manner as may appear to the Government to be just and equitable:

Provided that where such rules or orders are applicable to the case of any person or persons, the case shall not be dealt with in any manner less favourable to him or them than that provided by those rules or orders.

This amendment shall be deemed to have come into force with effect from 17th December 1958.


S.1

1[SCHEDULE]

(Referred to in rule 10 (aa))

    (a) English School Leaving or Secondary School Leaving Certificate issued under the authority of the Travancore, Cochin, Travancore - Cochin or Kerala State Government with endorsement of eligibility for College admission or Public Service.
     (b) Pass in the E.S.L.C or S.S.L.C Examination (Travancore- Cochin or Kerala) as a private candidate after undergoing a prior selection examination conducted by the Director of Public Instruction.
    
(c) Pass in two year Sanskrit Entrance Course, Sanskrit College, Trivandrum.
    
(d)

S.2

1ANNEXURE
(See rule 15)


1. For direct recruitment to posts included in the Kerala Last Grade Service.

1.

Open competition

2.

Ezhavas, Thiyyas and Billavas

S.Kerala State and Subordinate Services (Amendment) Rules, 2023 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA

Personnel and Administrative Reforms (Rules) Department


NOTIFICATION

G.O.(P)No.9/2023/P&ARD Dated, Thiruvananthapuram, 3-07- 2023

S. R. O. No. 767/2023

In exercise of the powers conferred by sub-section (1) of section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with section 3 thereof, the Government of Kerala hereby make the following rules further to amend the Kerala State and Subordinate Services Rules, 1958, namely:



RULES




1. Short title and commencement. -- (a) These rules may be called the Kerala State and Subordinate Services (Amendment) Rules, 2023.

S.Kerala State and Subordinate Services (2nd Amendment) Rules, 2023 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA

Personnel and Administrative Reforms (Rules) Department

NOTIFICATION

G.O.(P)No.16/2023/P&ARD.
Dated, Thiruvananthapuram, 23-11-2023

S. R. O. No. 1270/2023    

In exercise of the powers conferred by sub-section (1) of Section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with Section 3 thereof, the Government of Kerala hereby make the following rules further to amend the Kerala State and Subordinate Services Rules, 1958, namely:--

RULES

1.    Short title and commencement.-- (1) These rules may be called the Kerala St

S.Kerala State and Subordinate Services (3rd Amendment) Rules, 2023 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA
Personnel and Administrative Reforms (Rules) Department
NOTIFICATION

G.O. (P) No.17/2023/P&ARD .

Dated, Thiruvananthapuram, 30th November,2023.

S. R. O. No. 1298/2023

In exercise of the powers conferred by sub-section (1) of section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with section 3 thereof, the Government of Kerala hereby make the following rules further to amend the Kerala State and Subordinate Services Rules, 1958, namely:--

RULES

1. Short title and commencement.--(1) These rules may be called the Kerala State and Subordinate

S.Kerala State and Subordinate Services (Amendment) Rules, 2024 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA

Personnel and Administrative Reforms (Rules) Department

NOTIFICATION

G.O.(P)No.3/2024/P&ARD.
Dated, Thiruvananthapuram, 21st August 2024

S. R. O. No. 826/2024

In exercise of the powers conferred by sub-section (1) of Section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with Section 3 thereof, the Government of Kerala hereby make the following rules further to amend the Kerala State and Subordinate Services Rules, 1958, namely:--

RULES

1. Short title and commencement.-- (1) These rules may b

S.Kerala State and Subordinate Services (2nd Amendment) Rules, 2024 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA
Personnel and Administrative Reforms (Rules) Department
NOTIFICATION

G.O.(P)No.6/2024/P&ARD

Dated, Thiruvananthapuram, 23rd September 2024

S. R. O. No. 875/2024

In exercise of the powers conferred by sub-section (1) of section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with section 3 thereof, the Government of Kerala hereby make the following rules further to amend the Kerala State and Subordinate Services Rules, 1958, namely:--

RULES
1. Short title and commencement.-- (1) These rules may be called the Kerala State a

S.Kerala State and Subordinate Services (3rd Amendment) Rules, 2024 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA
Personnel and Administrative Reforms (Rules) Department
NOTIFICATION

G.O.(P)No.8/2024/P&ARD

Dated, Thiruvananthapuram, 6th November 2024

S. R. O. No. 1036/2024

In exercise of the powers conferred by sub-section (1) of section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with section 3 thereof, the Government of Kerala hereby make the following rules further to amend the Kerala State and Subordinate Services Rules, 1958, namely:--
RULES

1. Short title and commencement.-- (1) These rules may be called the Kerala

S.Kerala State and Subordinate Services (4th Amendment) Rules, 2024 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA

Personnel and Administrative Reforms (Rules) Department

NOTIFICATION

G.O.(P) No.12/2024/P&ARD
 Dated, Thiruvananthapuram, 9th December 2024
S. R. O. No. 1179/2024

In exercise of the powers conferred by sub-section (1) of section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with section 3 thereof, th

S.Kerala State and Subordinate Services (Amendment) Rules, 2025 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA

Personnel and Administrative Reforms (Rules) Department

NOTIFICATION

G.O.(P) No.1/2025/P&ARD    
Dated, Thiruvananthapuram, 28th January 2025

 

 

S. R. O. No. 149/2025

In exercise of the powers conferred by sub-section (1) of section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with section 3 thereof, the Government of Kerala hereby make the following rules further to amend the Kerala State and Subordinate Services Rules, 1958, namely:--

RULES

1.

S.Kerala State and Subordinate Services (2nd Amendment) Rules, 2025 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA

Personnel and Administrative Reforms (Rules) Department

NOTIFICATION

G.O. (P) No. 9 /2025/P&ARD.

S. R. O. No. 681/2025

   
Dated, Thiruvananthapuram, 13th June, 2025

In exercise of the powers conferred by sub-section (1) of section 2 of the Kerala Public Services Act, 1968 (19 of 1968), read with section 3 thereof, the Government of Kerala hereby make the following rules further to amend the Kerala State and Subordinate Serv

S.LIST I

SCHEDULE
LIST I
SCHEDULED CASTES IN THE KERALA STATE
1. Adi Andhra

2.

Adi Dravida

3.

Adi Karnataka

4.

Ajila

5.

Arunthathiyar

6.

Ayyanavar

7.

Baira

8.

Bakuda

9.

Bathada

10.

Bharathar (other than Parathar), Paravan

11.

Chakkiliyan

12.

Chamar, Muchi

13.

S.LIST II

LIST II

SCHEDULED TRIBES IN THE KERALA STATE

1.

Adiyan

2.

Arandan, Aranadan

3 .

Eravallan

4.

Hill Pulaya, Mala Pulayan, Kurumba Pulayan, Karavazhi Pulayan, Pamba Pulayan

5.

Irular, Irulan

6.

Kadar, Wayanad Kadar

7.

Kanikaran, Kanikkar

8.

Kattunayakan

9.

Kochuvelan

10.

Koraga

11.

Kudiya, Melakudi

12.

Kurichchan, Kurichiyan

13.

Kuruma

S.LIST III

LIST III

OTHER BACKWARD CLASSES IN THE KERALA STATE

1. Throughout the State

1.

Agasa

2.

Ambalakkaran

3.

Anglo Indian

4.

****************

5.

****************

6.

Aremahrati

7.

Arya

8.

Bandari

9.

Billava

10.

Chakkala 5[, Chakkala Nair]

S.Rule 1 Scope of the General Rules.--

The rules in this Part shall apply to all State and Subordinate Services and the holders of all posts, whether temporary or permanent in any such service, appointed thereto before, or after the date on which these rules come into force as provided in sub-rule (b) of rule 1 in Part I except to the extent otherwise expressly provided, (a) by or under any law for the time being in force, or (b) in respect of any member of such service by a contract or agreement subsisting between such member and the State Government:

 Provided that the rules in this Part shall also be applicable to holders of all posts in Government service eventhough the posts they hold are not classified as coming under a particular service by including in Schedule I or Schedule II of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.
  


S.Rule 2 Relation to the Special Rules.--

If any provision in the general rules contained in the Part is repugnant to a provision in the special rules applicable to any particular service contained in Part III, the latter shall, in respect of that service, prevail over the provision in the general rules in this Part.


S.Rule 3 Approved Candidates.--

(a) All first appointments to the service shall be made by the appointing authority on the advice of the Commission in respect of posts falling within the purview of the Commission and in all other cases by the appointing authority from a list of approved candidates prepared in the prescribed manner.

(b) The inclusion of a candidate's name in any list of approved candidates for any service (State or Subordinate) or any class or category in a service, shall not confer on him any claim to appointment to the service, class or category.

(c) Notwithstanding anything contained in these rules, the Commission shall have the power to cancel the advice for appointment of any candidate to any service if it is subsequently found that such advice was made under some mistake. On such cancellation the appointing authority shall terminate the service of the candidate:

Provided that the cancellation of advice for appointment by the Commission and the subsequent termination of se

S.1[Rule 4

Every candidate for appointment to any service or for admission to any suitability/eligibility/Special/Departmental tests, whether a member of a service or not, in response to a notification issued by the Commission, shall make an application in the mode as prescribed by the Commission, from time to time.

Note.-- (1) This shall be deemed to have come into force with effect from

(i) the 30th April, 2010 for general notification;

(ii) the 5th October, 2010 for Departmental tests;

(iii) the 9th July, 2013 for suitability/eligibility tests.

Note.-- (2) Copies of answer scripts shall be made available to the candidates by the Kerala Public Service Commission on request and subject to payment of a fee as prescribed by the Commission from time to time, with the prior approval of Government, for each answer script. The candidates shall submit request for answer script to the Kerala Public Service Commission after remitting the prescribed fee through their

S.Rule 10 Qualifications.--

(a) (i) The educational or other qualifications, if any, required for a post shall be as specified in the Special Rules applicable to the service in which that post is included or as specified in the executive orders of Government in cases where Special Rules have not been issued for the post/service.

(ii) Notwithstanding anything contained in these rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to a qualification specified for a post, in the Special Rules or found acceptable by the Commission as per rule 13(b)(i) of the said rules in cases where acceptance of equivalent qualifications is provided for in the rules and such of those qualifications which pre-suppose the acquisition of the lower qualification prescribed for the post, shall also be sufficient for the post.

(aa) The minimum general educational qualification of the S.S.L.C Standard wherever referred to in the special rules shall


Legal Commentary on Kerala State and Subordinate Services Rules, 1958 - Section Rule 10

Introduction

The Kerala State and Subordinate Services Rules, 1958 (hereafter KS&SSR) serve as the fundamental framework governing recruitment, appointment, seniority, promotion, and service conditions of government employees in Kerala. Section Rule 10, particularly Rule 10(ab), plays a crucial role in defining eligibility criteria, especially concerning experience and qualifications for various posts. Judicial interpretations and amendments over time have clarified the scope and application of these provisions, including their relation to special rules, retrospective amendments, and applicability to specific services.

What does Section Say

Rule 10(ab) mandates that the experience prescribed as a qualification must generally be gained after acquiring the basic educational qualification, unless otherwise specified in specific rules or recruitment notifications. The rule emphasizes that experience should be acquired during the period of temporary or regular appointment, excluding casual, unpaid, or apprenticeship experiences, unless explicitly permitted. Further, amendments like Note II to Rule 5(2)(3) of the Kerala Transport Subordinate Service Rules clarify that for certain in-service candidates, the experience need not be post-qualification, but this is subject to specific stipulations.

Essential Ingredients

  • Post-qualification experience: Experience must generally be gained after obtaining the basic educational qualification.
  • Source of experience: Must be from capacities other than apprentices, trainees, casual laborers, etc., in government or recognized private sector, unless specified.
  • Specific rules override general provisions: Special rules or notifications can specify different conditions.
  • In-service candidates: For candidates already in service, experience gained prior to qualification may be accepted if explicitly permitted.
  • Retrospective amendments: Amendments like Note II clarify that experience acquired before qualification can be considered for certain categories.

Scope of Section

The rule's scope extends to:- All appointments in government services governed by KS&SSR unless explicitly exempted.- Cases involving in-service candidates seeking transfer or promotion.- Situations where specific rules or notifications prescribe different experience requirements.- Retrospective application of amendments affecting eligibility criteria.- Application to various services, including Kerala Transport, Forest, and Medical services, as interpreted by courts.

Punishment for Section

While Rule 10(ab) itself does not prescribe punishment, violations or contraventions—such as misrepresenting experience or acquiring experience before the qualification where not permitted—can lead to disciplinary action, rejection of candidature, or invalidation of appointments. Judicial decisions have emphasized adherence to prescribed qualifications and experience, with penalties including cancellation of appointment or promotion if rules are violated.

Legal Comments

  • "Post-qualification experience" - Generally required to be gained after obtaining the basic educational qualification, unless rules specify otherwise [James Justus Daniel VS Board of Revenue].
  • "Experience in capacities" - Must be from capacities other than apprentices, trainees, or casual laborers, unless explicitly allowed [Abdul Bari VS State of Kerala].
  • "Special Rules override" - Specific rules or notifications (e.g., Note II to Rule 5(2)(3)) can modify the general requirement, permitting consideration of pre-qualification experience for certain categories [K. P. Aboobacker VS State of Kerala].
  • "Retrospective amendments" - Amendments like G.O. (P) No. 266/PD clarify that retrospective application of rules is valid, affecting eligibility and seniority [James Justus Daniel VS Board of Revenue].
  • "In-service candidates" - Candidates already in service may be granted relaxation or exemption regarding experience requirements based on specific notifications or rules [State Of Kerala VS Suchithra C. S. ].
  • "Application to specific services" - Courts have interpreted Rule 10(ab) to apply to services like Kerala Transport, Forest, and Homeopathy, with adjustments based on the nature of appointment and experience [K. Ravindran, S/O. Kochucherukkan VS Mahatma Gandhi University, Represented by its Registrar].
  • "Violation consequences" - Non-compliance or misrepresentation regarding experience can lead to appointment cancellation, disciplinary action, or denial of promotion [State of Kerala represented by the Secretary to Government VS Hamil Raphael].
  • "Amendment authority" - The State Government has the power to amend rules, including stipulating the timing and nature of experience, as upheld by courts, even with retrospective effect [James Justus Daniel VS Board of Revenue].
  • "Experience acquisition" - Must be full-time, continuous, and in relevant capacities unless specific exemptions are provided (e.g., Note II) [K. P. Aboobacker VS State of Kerala].
  • "Application to transfer candidates" - For transfer-based appointments, experience gained prior to qualification can be considered if rules permit, as clarified in judicial rulings and amendments [State Of Kerala VS Suchithra C. S. ].
  • "Judicial interpretation" - Courts have consistently held that the rules must be read harmoniously, with special rules prevailing over general rules where conflict exists [01500051914].
  • "Applicability to police and judicial services" - The applicability of KS&SSR to police personnel and judicial officers depends on specific provisions, with courts affirming their inclusion under Rule 1 unless explicitly excluded [Paru VS I. G. of Police, 01500063882].
  • "Retrospective effect of amendments" - Courts have upheld retrospective amendments to seniority and experience rules, emphasizing the legislative power and the need for fairness [James Justus Daniel VS Board of Revenue].
  • "Rule 10(ab) in context" - The rule's primary intent is to ensure experience is acquired after qualification unless expressly exempted, with courts affirming this interpretation [K. P. Aboobacker VS State of Kerala].
  • "Special rules and general rules" - When special rules exist, they take precedence over general rules; however, in their absence, general rules like Rule 10(ab) govern [01500051914].
  • "Legal validity of rules" - Amendments and rules are valid if enacted within constitutional and statutory powers, including retrospective application where justified [James Justus Daniel VS Board of Revenue].
  • "Disqualification and eligibility" - Non-disclosure of criminal or other disqualifying facts, or violation of experience conditions, can lead to disqualification or appointment cancellation [State of Kerala represented by the Secretary to Government VS Hamil Raphael].

Note: The references are based on the provided sources and judicial interpretations. Where specific details are not available, only the relevant legal principles and judicial clarifications are included.

S.Rule 5 Method of recruitment.--

Where the normal method of recruitment to any service, class or category is neither solely by direct recruitment nor solely by transfer but is both by direct recruitment and by transfer,--

(a) the proportion or order in which the Special Rules concerned may require vacancies to be filled by persons recruited direct and by those recruited by transfer shall be applicable only to substantive vacancies in the permanent cadre;

(b) a person shall be recruited direct only against a substantive vacancy in such permanent cadre, and only if the vacancy is one which should be filled by a direct recruit under the Special Rules referred to in clause (a); and

(c) recruitment to all other vacancies shall be made by transfer.

Note.--(1) All permanent vacancies and temporary vacancies except those of short duration shall be treated as substantive vacancies.

(2). The vacancies on account of leave and deputation with a duration of less than six months shall be


Legal Commentary on Kerala State and Subordinate Services Rules, 1958 - Section Rule 5

Introduction

Section Rule 5 of the Kerala State and Subordinate Services Rules, 1958, governs the method of recruitment, the proportion of appointments by different methods, and the relation of general rules to special rules. It provides the framework for appointment procedures, including direct recruitment, transfer, and the interplay between general and special rules.

What does Section Say

Section Rule 5 specifies that:- The normal method of recruitment involves both direct recruitment and transfer, not exclusively one.- When a ratio or percentage is fixed for different methods of recruitment, the number of vacancies to be filled by each method is determined by applying the ratio to the cadre strength of the post, not to the existing vacancies.- Note (3) explicitly states that the proportion of vacancies to be filled by each method should be based on the total cadre strength, ensuring a systematic and proportionate approach to recruitment.

Essential Ingredients

  • Proportion or ratio fixation: The rules fix a ratio (e.g., 1:3) between direct recruitment and transfer.
  • Application to cadre strength: The ratio is applied to the total cadre strength, not to the vacancies at a given time.
  • Method of recruitment: Both direct recruitment and transfer are recognized as methods, with specific conditions.
  • Substantive vacancies: The ratio applies primarily to substantive vacancies in the permanent cadre.
  • Special Rules override general rules: In case of conflict, special rules (like those for specific services) take precedence over general rules.

Scope of Section

  • Applies to all services and posts governed by the Rules.
  • Ensures proportionate recruitment based on total cadre strength, promoting fairness.
  • Clarifies the relation between general and special rules, emphasizing that special rules (e.g., for specific services) override general rules when in conflict.
  • Provides a methodology for determining vacancies to be filled via different methods, maintaining administrative consistency.

Punishment for Section

  • The Rules themselves do not specify punishments; rather, violations (e.g., ignoring the ratio or applying it to vacancies instead of cadre strength) could lead to administrative irregularities, which may be rectified through departmental proceedings or judicial review.
  • Courts have held that non-compliance with the ratio or improper application of the rules can invalidate appointments or seniority fixation, but no specific punitive measure is prescribed within Rule 5.

Legal Comments

  • "Proportion fixation" - The ratio of appointments (e.g., 1:3) must be applied to total cadre strength, ensuring proportionality in recruitment, not to vacancies, preventing arbitrary or biased appointments. [James Justus Daniel VS Board of Revenue]
  • "Cadre strength" - The application of the ratio to the entire cadre rather than vacancies ensures systematic planning and avoids ad hoc appointment practices. [James Justus Daniel VS Board of Revenue]
  • "Method of recruitment" - Both direct recruitment and transfer are recognized as legitimate methods, with specific rules for each, emphasizing the importance of following prescribed procedures. [James Justus Daniel VS Board of Revenue]
  • "Special rules precedence" - When conflicts arise, special rules for particular services override the general rules, maintaining service-specific recruitment and seniority norms. [James Justus Daniel VS Board of Revenue]
  • "Application to vacancies" - The rules clarify that the ratio applies to substantive vacancies in the permanent cadre, not to temporary or short-term vacancies. [James Justus Daniel VS Board of Revenue]
  • "Role of Note (3)" - Note (3) clarifies that vacancy distribution should be based on cadre strength, reinforcing the importance of a quantitative approach over a vacancy-based approach. [James Justus Daniel VS Board of Revenue]
  • "Legal validation" - Courts have upheld the retrospective validity of amendments and the application of the ratio based on cadre strength, emphasizing adherence to the rules for lawful appointment and seniority fixation. [James Justus Daniel VS Board of Revenue]
  • "Conflict resolution" - In case of inconsistency between general and special rules, Rule 2 of the Kerala Rules ensures special rules prevail for the respective service, preserving service-specific norms. [James Justus Daniel VS Board of Revenue]
  • "Implication of non-compliance" - Ignoring the ratio or applying it incorrectly can lead to appointments being quashed or seniority being challenged in courts, highlighting the importance of strict adherence. [James Justus Daniel VS Board of Revenue]
  • "Administrative discretion" - The rules grant administrative authority to fix the cycle and order of rotation, but within the framework of the rules and ratios, ensuring transparency. [James Justus Daniel VS Board of Revenue]
  • "Applicability to special services" - Special rules for services like Kerala Forest Service, Kerala Education Service, or Kerala Police, override general rules when in conflict, maintaining service-specific recruitment standards. [James Justus Daniel VS Board of Revenue]
  • "Judicial validation" - Courts have consistently validated the methodology of fixing vacancies based on cadre strength, reinforcing the legality of the approach. [James Justus Daniel VS Board of Revenue]
  • "Policy consistency" - The application of ratios to total cadre strength aligns with policy principles of equity and systematic recruitment, avoiding favoritism or arbitrary appointments. [James Justus Daniel VS Board of Revenue]
  • "Implication of amendments" - Amendments to the rules, such as inclusion of Note (3), are valid if made under proper authority and published in accordance with law, as upheld by courts. [James Justus Daniel VS Board of Revenue]
  • "Legal consequence of breach" - Non-compliance with the ratio fixation can result in appointments being declared invalid and seniority lists being disturbed, emphasizing the importance of procedural correctness. [James Justus Daniel VS Board of Revenue]
  • "Retrospective amendments" - Courts have upheld retrospective amendments to fix ratios, provided they are lawful and properly notified, reinforcing the legality of rule modifications. [James Justus Daniel VS Board of Revenue]
  • "Overall principle" - The core principle is that cadre-based proportionality in appointments ensures fairness and transparency, and rules must be strictly followed to uphold rule of law in service matters. [James Justus Daniel VS Board of Revenue]

Summary

Section Rule 5 of the Kerala State and Subordinate Services Rules, 1958, establishes a structured, proportionate approach to recruitment, emphasizing that ratios are to be applied to the total cadre strength rather than vacancies, and special rules take precedence when conflicts occur. Courts have consistently upheld the validity of such rule interpretations and amendments, reinforcing the importance of procedural adherence for lawful appointment and seniority fixation.

Note: All references are based on the provided sources, primarily [James Justus Daniel VS Board of Revenue], which extensively discusses the interpretation, scope, and judicial validation of Rule 5 and related provisions.

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