{"id":144521,"date":"2006-05-11T00:00:00","date_gmt":"2006-05-10T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/k-p-sudhakaran-anr-vs-state-of-kerala-ors-on-11-may-2006"},"modified":"2016-06-05T18:57:36","modified_gmt":"2016-06-05T13:27:36","slug":"k-p-sudhakaran-anr-vs-state-of-kerala-ors-on-11-may-2006","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/k-p-sudhakaran-anr-vs-state-of-kerala-ors-on-11-may-2006","title":{"rendered":"K.P.Sudhakaran &amp; Anr vs State Of Kerala &amp; Ors on 11 May, 2006"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">K.P.Sudhakaran &amp; Anr vs State Of Kerala &amp; Ors on 11 May, 2006<\/div>\n<div class=\"doc_author\">Author: Raveendran<\/div>\n<div class=\"doc_bench\">Bench: B N Srikrishna, R V Raveendran<\/div>\n<pre>           CASE NO.:\nAppeal (civil)  9527 of 2003\n\nPETITIONER:\nK.P.Sudhakaran &amp; Anr.\n\nRESPONDENT:\nState of Kerala &amp; Ors.\n\nDATE OF JUDGMENT: 11\/05\/2006\n\nBENCH:\nB N Srikrishna &amp; R V Raveendran\n\nJUDGMENT:\n<\/pre>\n<p>J U D G M E N T<br \/>\n(With CA Nos.9528\/2003, 9530\/2003, 9531\/2003 &amp; 9532\/2003)<\/p>\n<p>RAVEENDRAN, J.\n<\/p>\n<p>\tThese appeals by special leave against the judgments<br \/>\ndated 14.8.2002 of the High Court of Kerala in W.A.<br \/>\nNo.1178\/1997, WA No.1170\/1997 and WA No. 1135\/1997<br \/>\ninvolve common questions of fact and law.\n<\/p>\n<p>2.\tThe appellants and the private respondents were recruited<br \/>\nas Lower Division Clerks (LDCs) in the Registration<br \/>\nDepartment, in different districts of the State of Kerala. In the<br \/>\ncadre hierarchy, the promotion post for LDCs is that of Upper<br \/>\nDivision Clerk (&#8216;UDC&#8217; for short).  The post of LDC is a<br \/>\ndistrict-wise post and the post of UDC is a State-wise post. In<br \/>\nother words, the unit for recruitment of LDCs is the district, and<br \/>\nthe unit for recruitment of UDCs is the entire State. A State-<br \/>\nwise seniority list of LDCs. is maintained for promotion to the<br \/>\npost of UDCs.\n<\/p>\n<p>3.\tThe Appellants were recruited as LDCs in district X. The<br \/>\ncontesting private respondents were recruited as LDCs in other<br \/>\ndistricts (say, district Y or district Z) and were transferred, on<br \/>\ntheir own request to district X. (For convenience, we will refer<br \/>\nto the appellants as &#8216;Local LDCs&#8217; and the contesting private<br \/>\nrespondents as &#8216;transferred LDCs&#8217;). The transferred LDCs., on<br \/>\nown request transfers, were permitted to join as LDCs in district<br \/>\nX by taking the rank below the junior-most local LDCs in the<br \/>\ndistrict.\n<\/p>\n<p>4.\tOn 7.11.1984, the State Government drew up a State-<br \/>\nwise seniority list of LDCs with reference to their date of first<br \/>\nappointment to the service as LDCs, for the purpose of<br \/>\neffecting promotions to the next higher post (UDC). In Kerala,<br \/>\nthis is stated to be with effect from date of first effective advice<br \/>\nmade by PSC for their appointment to the service. The seniority<br \/>\nof the transferred LDCs were shown in the said list, with<br \/>\nreference to the dates of their first appointment as LDCs and<br \/>\nnot with reference to the dates of their joining in the district to<br \/>\nwhich they were transferred on their own request. Having<br \/>\nregard to the fact that they were recruited as LDCs, prior to the<br \/>\nlocal LDCs, the transferred LDCs were placed above the local<br \/>\nLDCs. If the seniority of the transferred LDCs had been fixed<br \/>\nwith reference to the date of transfer to the district to which<br \/>\nthey were transferred, they would have been placed at the<br \/>\nbottom of the seniority list on the date of transfer and their<br \/>\nposition\/rank would have been below that of local LDCs.\n<\/p>\n<p>5.\tAfter considering the representations received in respect<br \/>\nof the said provisional seniority list dated 7.11.1984, the<br \/>\nInspector General of Registration, Kerala (&#8216;IG-Regn.&#8217; for short)<br \/>\nby memorandum dated 6.4.1987 finalised the state-wise<br \/>\nseniority list of LDCs as on 1.11.1983. On the basis of the said<br \/>\nseniority list of LDCs, a provisional seniority list of UDCs. as<br \/>\non 22.2.1986 was also prepared, vide General Memorandum<br \/>\ndated 9.12.1987. The said seniority list of LDCs as also the<br \/>\nprovisional seniority list of UDCs  were challenged in O.P.<br \/>\nNo.4204\/1990 before the High Court. The High Court by order<br \/>\ndated 8.5.1990 disposed of the said petition, by directing the<br \/>\nIG-Regn. to consider  the representation given by the petitioner<br \/>\ntherein for re-fixation of his seniority.\n<\/p>\n<p>6.\tThereafter, the Inspector General of Registration issued a<br \/>\nrevised provisional seniority list of LDCs dated 13.11.1990. In<br \/>\nthe said seniority list, the positions of transferred LDCs were<br \/>\nshown with reference to the date of their joining the new<br \/>\ndistrict, by excluding the service rendered till then in their old<br \/>\ndistrict. The transferred LDCs objected to the said change. The<br \/>\nobjections were rejected by IG-Regn. The provisional list dated<br \/>\n13.11.1990 and the order of IG-Regn. rejecting the objections,<br \/>\nwere challenged by the contesting private respondents and other<br \/>\nsimilarly placed transferred LDCs in O.P. No.11194\/1990 and<br \/>\nconnected cases.\n<\/p>\n<p>7.\tA learned Single Judge of the High Court disposed of the<br \/>\nsaid petitions by order dated 24.3.1997, holding as follows : (i)<br \/>\nthe transferred LDCs were not entitled to seniority with<br \/>\nreference to the initial date of appointment as LDCs. and their<br \/>\nseniority in the post of LDCs. has to be reckoned only from the<br \/>\ndate of their joining in the new district to which they were<br \/>\ntransferred on &#8216;own request&#8217;; (ii) having regard to the fact that<br \/>\nthe recruitment of LDCs was district-wise and not State-wise,<br \/>\nthe transferred LDCs cannot contend that all LDCs in the State<br \/>\nformed one unit for the purpose of seniority, nor claim any<br \/>\nbenefit in excess of what the rules conferred on them; and (iii)<br \/>\nthere was no merit in the challenge to the provisional seniority<br \/>\nlist dated 13.11.1990. However, as the IG-Regn, had not<br \/>\ndisposed of the objections filed by the transferred LDCs., by a<br \/>\nreasoned order, the Single Judge directed the IG-Regn. to<br \/>\nconsider their objections as also other objections, if any,<br \/>\nreceived in regard to the provisional seniority list dated<br \/>\n13.11.1990 and pass appropriate orders considering each of the<br \/>\nobjections and finalise the seniority list. He also directed that<br \/>\nthe promotions, if any, made on the basis of the seniority list<br \/>\ndated 7.11.1984 and further promotions shall be reviewed based<br \/>\non the seniority list to be finalized. In compliance with the said<br \/>\ndirection, the IG-Regn. considered the objections again and by<br \/>\norder dated 22.9.1997 rejected the objections of the transferred<br \/>\nLDCs. He also issued a  final seniority list of LDCs dated<br \/>\n22.9.1997 on that basis.\n<\/p>\n<p>8.\tIn the meanwhile, the order of the learned Single Judge<br \/>\nwas challenged by the transferred LDCs in W.A. No.1178\/1997<br \/>\nand connected appeals. The State resisted the appeals by relying<br \/>\non the G.O. dated 2.1.1961 and Rule 27 of Kerala State and<br \/>\nSubordinate Service Rules, 1958 (&#8216;Rules&#8217; for short) to contend<br \/>\nthat transferred LDCs. had to be treated as junior-most in the<br \/>\nnew district and the list dated 22.9.1967 was finalized by<br \/>\napplying the said rule. The Division Bench which heard the<br \/>\nappeals, held that having regard to GO dated 2.1.1961 and Rule<br \/>\n27, the seniority of the transferred LDCs will have to be<br \/>\nreckoned only from the date of their joining at the District to<br \/>\nwhich they were transferred on their own request. It however<br \/>\nfelt that the seniority list finalized in 1984 and the position of<br \/>\nthe transferred LDCs should not be disturbed. It held that G.O.<br \/>\ndated 2.1.1961 and the proviso to Rule 27(a) should be given<br \/>\neffect prospectively. It, therefore, allowed the appeals filed by<br \/>\nthe transferred LDCs by order dated 14.8.2002 with the<br \/>\nfollowing observations :\n<\/p>\n<p>&#8220;This is a case where inter-district transfers were effected<br \/>\nbefore 1984 and they were all included in the final seniority<br \/>\nlist of L.D. Clerks giving seniority from the date of which<br \/>\nthey joined duty in the parent district. We are of the view at<br \/>\nthis distance of time there is no justification in disturbing<br \/>\nthe said situation. In such circumstances we hold that the<br \/>\ndirection given by first and second respondents to revise<br \/>\nthe final seniority list published vide office General<br \/>\nMemorandum No. E4-34154\/84 dated 7.11.1984 is illegal.<br \/>\nPromotions on the basis of the said list be not disturbed and<br \/>\nG.O. (Ms) 4\/61\/PD dated 2.1.1961 and the proviso to<br \/>\nGeneral Rule 27 of the Kerala State and Subordinate<br \/>\nServices Rules would apply only prospectively without<br \/>\nunsettling the rank and position of the petitioners. It is so<br \/>\ndeclared and Ext. P7 order (order\/seniority list dated<br \/>\n13.11.1990), would stand quashed. Rights of the parties<br \/>\nwill be regulated accordingly. Judgment of the learned<br \/>\nsingle judge will stand set aside. All the writ appeals and<br \/>\noriginal petitions are disposed of as above.&#8221;\n<\/p>\n<p>9.     The said order of the Division Bench is challenged by the<br \/>\nappellants who are the &#8216;local&#8217; LDCs. They contend that having<br \/>\nregard to the relevant rules and the Government Orders (GOs.),<br \/>\na Government servant who is transferred from one district to<br \/>\nanother on his own request, cannot claim seniority from his<br \/>\ninitial date of recruitment in the post but only from the date on<br \/>\nwhich he is transferred on his own request to the new district.<br \/>\nAs a consequence, when a common State-wise seniority list of<br \/>\nLDCs. is prepared for promotion to the post of UDC, the rank<br \/>\nof transferred LDCs. should be shown with reference to the date<br \/>\nof their transfer to the new district on their own request, and not<br \/>\nwhen with reference to the date when they were initially<br \/>\nappointed as LDCs. They contend that the Division Bench of<br \/>\nthe High Court having accepted the said legal position, had no<br \/>\npower to direct that G.O. dated 2.1.1961 and proviso to Rule<br \/>\n27(a) of the Rules to be applied prospectively. They submit that<br \/>\nthe Division Bench having held that the transferred LDCs.<br \/>\nshould take rank below the junior-most local LDCs. as per<br \/>\nRules, committed an error in not giving effect to the said<br \/>\nfinding.\n<\/p>\n<p>10.\tOn the contentions urged, the following two points arise<br \/>\nfor consideration :\n<\/p>\n<p>(i)\tWhether the seniority of transferred LDCs<br \/>\n(transferred on own request to another unit<br \/>\n(district) in the same department) should be<br \/>\nreckoned from the date of their initial appointment<br \/>\nto the post, or from the date on which they were<br \/>\ntransferred to the new district. Whether the lower<br \/>\npost (LDC) being a district-wise post and the<br \/>\npromotion post (UDC) being a state-wise post,<br \/>\nwould make any difference to the position.\n<\/p>\n<p>(ii)\tWhether the Division Bench was justified in<br \/>\nholding that the GO dated 2.1.1961 and proviso to<br \/>\nRule 27(a) of the Rules should only be applied<br \/>\nprospectively in the case of the transferred LDCs.<br \/>\n(that is from the date of the judgment of the<br \/>\nDivision Bench), thereby giving  benefit of the<br \/>\npast service (from the date of initial appointment<br \/>\nup to date of transfer), to transferred LDCs,<br \/>\ncontrary to the said rules and GO and  denying to<br \/>\nthe local clerks the benefit of a higher position in<br \/>\nthe seniority list.\n<\/p>\n<p>Re: Point No. 1 :\n<\/p>\n<p>11.\tIn service jurisprudence, the general rule is that if a<br \/>\nGovernment servant holding a particular post is transferred to<br \/>\nthe same post in the same cadre, the transfer will not wipe out<br \/>\nhis length of service in the post till the date of transfer<br \/>\nand the period of service in the post before his transfer has to be<br \/>\ntaken into consideration in computing the seniority in the<br \/>\ntransferred post. But where a Government servant is so<br \/>\ntransferred on his own request, the transferred employee will<br \/>\nhave to forego his seniority till the date of transfer, and will be<br \/>\nplaced at the bottom below the junior-most employee in the<br \/>\ncategory in the new cadre or department. This is because a<br \/>\ngovernment servant getting transferred to another unit or<br \/>\ndepartment for his personal considerations, cannot be permitted<br \/>\nto disturb the seniority of the employees in the department to<br \/>\nwhich he is transferred, by claiming that his service in the<br \/>\ndepartment from which he has been transferred, should be taken<br \/>\ninto account. This is also because a person appointed to a<br \/>\nparticular post in a cadre, should know the strength of the cadre<br \/>\nand prospects of promotion on the basis of the seniority list<br \/>\nprepared for the cadre and any addition from outside would<br \/>\ndisturb such prospects. The matter is, however, governed by the<br \/>\nrelevant service Rules.\n<\/p>\n<p>12.\tWe may next refer to the relevant rules and GOs having a<br \/>\nbearing on the subject. The service of State Government<br \/>\nservants in State of Kerala are governed by the Kerala Public<br \/>\nServices Act, 1968. Section 3 provides that all Rules made<br \/>\nunder the proviso to Article 309 regulating the recruitment and<br \/>\nconditions of service of persons appointed to Government<br \/>\nservice and in force immediately before 17.9.1968, shall be<br \/>\ndeemed to have been made under the said Act and shall<br \/>\ncontinue to be in force unless and until they are superseded by<br \/>\nRules made under the Act. The Kerala State and Subordinate<br \/>\nServices Rules, 1958 (&#8216;Rules&#8217; for short) were made in exercise<br \/>\nof power conferred under proviso to Article 309. The said<br \/>\nstatutory Rules governed seniority and transfer of Government<br \/>\nservants. The said Rules as they originally stood, did not<br \/>\nprovide for &#8216;own request transfers&#8217; and consequences thereof.\n<\/p>\n<p>12.1)\tThe State Government issued a GO dated 2.1.1961 in<br \/>\nconsultation with the Kerala Public Service Commission (&#8216;PSC&#8217;<br \/>\nfor short), laying down the conditions subject to which mutual<br \/>\nor inter-departmental transfers of  Government servants from<br \/>\none unit to another within the same department, or from one<br \/>\ndepartment to another within the same subordinate service, can<br \/>\nbe ordered by the appointing authorities concerned, on request.<br \/>\nTwo of the conditions which are relevant are extracted below :\n<\/p>\n<p>&#8220;(1) A person transferred to a new unit will take rank below<br \/>\nthe juniormost in the category in the new unit or<br \/>\ndepartment. He will not be allowed to count his previous<br \/>\nservice towards seniority. Such transfers should not be<br \/>\nprejudicial to the legitimate interest of anyone in the<br \/>\ndepartment to which he is transferred. But he may be<br \/>\nallowed to count his previous service towards increment,<br \/>\nleave, pension, gratuity, etc. He will not be required to<br \/>\nundergo fresh probation, if he has already completed<br \/>\nprobation.\n<\/p>\n<p>x x x x x<\/p>\n<p>(4) Persons transferred from one department to another or<br \/>\nfrom one unit to another in the same department due to<br \/>\nproved administrative reasons will retain all their rights in<br \/>\nthe old unit or department, as their case may be.&#8221;\n<\/p>\n<p>12.2)\tThe State Government issued another G.O. dated<br \/>\n27.5.1971 providing for recruitment to the lower Ministerial<br \/>\ncadres at district level, in consultation with the Public Service<br \/>\nCommission. The said GO directed that the recruitment at<br \/>\ndistrict level through the district recruitment boards would be<br \/>\nmade subject to the following conditions :-\n<\/p>\n<p>&#8220;(i) No transfers will be allowed from the District to<br \/>\nanother within a period of five years from the date of<br \/>\ncommencement of continuous service;\n<\/p>\n<p>(ii) Such inter-district transfers will be allowed only after<br \/>\nfive years and subject to the conditions laid down in G.O.<br \/>\nMS. No.4\/PD dated 2-1-61.\n<\/p>\n<p>x x x x x<\/p>\n<p>(iv) This will not affect the existing procedure where State-<br \/>\nwise promotions are involved.&#8221;\n<\/p>\n<p>12.3)\tRule 27 of the Rules relating to seniority was amended<br \/>\nby G.O. dated 13.1.1976 (Gazetted on 3.2.1976) inserting a<br \/>\nproviso to clause (a), providing for the consequences of an &#8216;on<br \/>\nrequest&#8217; transfer. The note to the said proviso stated that the<br \/>\namendment shall be deemed to have come into force with effect<br \/>\nfrom 28.12.1960. Relevant portions of Rule 27 as amended, are<br \/>\nextracted below :\n<\/p>\n<p>&#8220;27. Seniority.- (a) Seniority of a person in a service, class,<br \/>\ncategory or grade shall, unless he has been reduced to a<br \/>\nlower rank as punishment, be determined by the date of the<br \/>\norder of his first appointment to such service, class,<br \/>\ncategory or grade.\n<\/p>\n<p>xxxxxxx<\/p>\n<p>Provided that the seniority of persons on mutual or inter-<br \/>\nunit or inter-departmental transfer from one unit to another<br \/>\nwithin the same department or from one department to<br \/>\nanother, as the case may be, on requests from such persons<br \/>\nshall be determined with reference to the dates of their<br \/>\njoining duty in the new unit or department.&#8221;\n<\/p>\n<p>12.4)    The executive instructions contained in the Government<br \/>\nOrders dated 2.1.1961 and 27.5.1971 in so far as &#8216;own request&#8217;<br \/>\ntransfers, ceased to apply, once a provision therefor was made<br \/>\nthe statutory service rules, by amendment. The proviso to Rule<br \/>\n27(a)  of the Rules categorically provided that the seniority of<br \/>\nan employee getting transferred at his own request to another<br \/>\nunit within the same department or to another department will<br \/>\nbe determined with reference to the date of his joining duty in<br \/>\nthe new department. This proviso is an exception to the general<br \/>\nrule (contained in clause (a) of Rule 27) that seniority of a<br \/>\nperson shall be determined by the date of the order of his first<br \/>\nappointment.\n<\/p>\n<p>13.\tThe following facts are not in dispute : (i) The contesting<br \/>\nprivate respondents are transferee LDCs who were transferred<br \/>\nfrom the district in which they were appointed to another<br \/>\ndistrict, in the same department on their own request. (ii) The<br \/>\nappellants are the existing employees, that is local LDCs of the<br \/>\nsaid department in the district to which the transferee LDCs<br \/>\nwere transferred. (iii) The transferred LDCs (contesting private<br \/>\nrespondents) were senior to the appellants with reference to<br \/>\ntheir date of appointment as LDCs. But with reference to the<br \/>\ndate on which they were transferred to the new district, they<br \/>\nwill become juniors to the local LDCs (appellants). When the<br \/>\nproviso to Rule 27(a) of the Service Rules is applied, as rightly<br \/>\nheld by the learned single Judge and the Division Bench, the<br \/>\nseniority of the transferred LDCs has to be reckoned only from<br \/>\nthe date of their joining duty in the new unit (or district) and<br \/>\nthey are not entitled to count their service prior to the date of<br \/>\ntheir transfer on their request.\n<\/p>\n<p>14.\tThe transferred LDCs. (contesting private respondents)<br \/>\ncontended that the GO dated 27.5.1971 stated that it will not<br \/>\naffect the existing procedure where State-wise promotions are<br \/>\ninvolved. They point out that though the posts of LDCs. are<br \/>\nDistrict-wise, as the promotion of LDCs to UDCs is State-wise,<br \/>\nthe provisions of G.O. dated 2.1.1961 will not apply, in view of<br \/>\nclause (iv) of G.O. dated 27.5.1971. It is unnecessary to<br \/>\nexamine whether clause (iv) of G.O. dated 27.5.1971 excludes<br \/>\nthe applicability of G.O. dated 2.1.1961, as neither the G.O.<br \/>\ndated 27.5.1971 nor the G.O. dated 2.1.1961 governed the<br \/>\neffect of &#8216;own request&#8217; transfers, after Rule 27(a) of the Service<br \/>\nRules was amended by introducing a proviso providing for the<br \/>\nconsequences of &#8216;own request&#8217; transfers. Where Statutory Rules<br \/>\ngovern the field, prior executive instructions cease to apply.\n<\/p>\n<p>15.\tThe transferred LDCs. next submitted that the proviso to<br \/>\nclause (a) of Rule 27 will not apply, having regard to the<br \/>\nexclusion contained in clause (c) of Rule 27 which reads as<br \/>\nunder : &#8212;\n<\/p>\n<p>[c] Notwithstanding anything contained in clauses (a) and\n<\/p>\n<p>(b) above, the seniority of a person appointed to a class,<br \/>\ncategory or grade in a service on the advice of the<br \/>\nCommission shall, unless he has been reduced to a lower<br \/>\nrank as punishment, be determined by the date of first<br \/>\neffective advice made for his appointment to such class,<br \/>\ncategory or grade and when two or more persons are<br \/>\nincluded in the same list of candidates advised, their<br \/>\nrelative seniority shall be fixed according to the order in<br \/>\nwhich their names are arranged in the advice list.&#8221;\n<\/p>\n<p>A careful reading of clause [c] shows that it did in no way<br \/>\naffect the contents of proviso to clause (a) of Rule 27 inserted<br \/>\nby amendment by G.O. dated 13.1.1976. Clause (a) of Rule 27<br \/>\nprovided that seniority of a person in a service, class, category<br \/>\nor grade shall be determined by the date of the order of his first<br \/>\nappointment to such service, class, category or grade. Clause\n<\/p>\n<p>(b) provides that the appointing authority shall, at the time of<br \/>\npassing an order appointing two or more persons<br \/>\nsimultaneously to a service, fix the order of preference among<br \/>\nthem, and seniority shall be determined in accordance with it.<br \/>\nClause [c] made it clear that notwithstanding anything<br \/>\ncontained in clauses (a) and (b), where a person is appointed to<br \/>\na class, category or grade in a service on the advice of the<br \/>\nCommission, the seniority of such person shall be determined<br \/>\nby the date of first effective advice made for his appointment to<br \/>\nsuch class, category or grade and when two or more persons are<br \/>\nincluded in the same list of candidates advised, their relative<br \/>\nseniority shall be fixed according to the order in which their<br \/>\nnames are arranged in the advice list. The effect of clause [c] is<br \/>\nto clarify the date with reference to which seniority should be<br \/>\nreckoned when they are initially appointed on the advice of<br \/>\nPSC. It only means that where the appointments are from the<br \/>\nselection list published by the PSC, their seniority will be<br \/>\nreckoned\/determined by the first effective advice made for such<br \/>\nappointment by the PSC and not by the actual date of his<br \/>\nappointment by the appointing authority. Clause [c] has<br \/>\ntherefore no effect or application, over the proviso which<br \/>\nregulates subsequent &#8216;own request&#8217; transfers.\n<\/p>\n<p>16.\tThe transferred LDCs next submitted that the intention of<br \/>\nmaking a provision that a person on an &#8216;own request&#8217; transfer<br \/>\nwill be ranked as the juniormost in the new district or new unit,<br \/>\nis to ensure that the seniority of the existing employees in the<br \/>\ncategory in the new unit or district is not affected by a senior<br \/>\nperson coming from outside by transfer. It is contended that<br \/>\nwhere the promotion post is State-wise, the seniority of the<br \/>\nexisting employees in the district to which the outside employee<br \/>\nis transferred, will not be affected and, therefore, where the<br \/>\npromotion is to a state-wise post, proviso to Rule 27(a) which<br \/>\nrequires those who are transferred on &#8216;own request&#8217;, to give up<br \/>\ntheir seniority, will not apply. We cannot agree. The alleged<br \/>\nintention behind a provision, cannot be used to defeat the<br \/>\nexpress words of the provision. Once a statutory rule is made,<br \/>\nwithout providing any exceptions, it is not possible to carve out<br \/>\nexceptions to such rule, by judicial interpretation. Nor can an<br \/>\nexemption from application of a clear and specific rule be<br \/>\nclaimed on the ground of hardship or similar reasons. The<br \/>\nproviso to Rule 27(a) of the Rules is categorical and applies to<br \/>\nall employees transferred on own request. It does not make<br \/>\ndistinction between employees  whose promotion post is a<br \/>\nState-wise post and those where the promotion posts are<br \/>\ndistrict-wise posts.\n<\/p>\n<p>17.\tThe learned counsel for the contesting private<br \/>\nrespondents lastly submitted that by now the appellants and the<br \/>\ncontesting private respondents have all been promoted from the<br \/>\nposts of LDC to UDC and several of them have also been<br \/>\npromoted as Sub-Registrars and the matter should not be<br \/>\nunsettled after such a long time. We find that the matter has<br \/>\nbeen continuously under litigation ever since 1990 and the<br \/>\ndelay in disposal cannot defeat the rights of appellants.\n<\/p>\n<p>Re : Point No. 2 :\n<\/p>\n<p>18.\tThe Division Bench having held that the transferred<br \/>\nLDCs would take rank below the juniormost in the category in<br \/>\nthe district to which they were transferred, could not have held<br \/>\nthat the seniority list prepared on 7.11.1984 (wrongly giving<br \/>\ntransferred LDCs seniority from the date of initial appointment<br \/>\nas LDCs) should not be disturbed and proviso to Rule 27(a)<br \/>\nshould be given effect prospectively. The High Court has no<br \/>\npower to direct that a Rule which has been in force for several<br \/>\nyears, will be operated only prospectively, that too in a<br \/>\nproceeding where the validity of the Rule was not in challenge.\n<\/p>\n<p>Conclusion <\/p>\n<p>19.\tIn view of the above, we find that the revised seniority<br \/>\nlists dated 13.11.1990 and 22.9.1997 under which seniority of<br \/>\ntransferred LDCs. (inter-district transferees) is counted only<br \/>\nfrom the date of their joining the new district, excluding the<br \/>\nprevious service, are proper and do not call for interference.\n<\/p>\n<p>20.\tThese appeals are accordingly allowed. The judgment of<br \/>\nthe Division Bench of the High Court, to the extent it directs<br \/>\nthat G.O. dated 2.1.1961 and proviso to Rule 27(a) of the Rules<br \/>\nwill apply prospectively, and that the promotions made with<br \/>\nreference to the seniority list dated 7.11.1984 should not be<br \/>\ndisturbed, is set aside.  The writ petitions filed by the<br \/>\ntransferred LDCs. are dismissed. As a result of giving effect to<br \/>\nthe seniority list dated 13.11.1990 and 22.9.1997, if the<br \/>\npositions of the transferred LDCs. are altered to their<br \/>\ndisadvantage, we direct that no consequential recovery shall be<br \/>\nmade from them, on the ground of excess payment.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India K.P.Sudhakaran &amp; Anr vs State Of Kerala &amp; Ors on 11 May, 2006 Author: Raveendran Bench: B N Srikrishna, R V Raveendran CASE NO.: Appeal (civil) 9527 of 2003 PETITIONER: K.P.Sudhakaran &amp; Anr. RESPONDENT: State of Kerala &amp; Ors. DATE OF JUDGMENT: 11\/05\/2006 BENCH: B N Srikrishna &amp; R V Raveendran [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-144521","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>K.P.Sudhakaran &amp; Anr vs State Of Kerala &amp; Ors on 11 May, 2006 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/k-p-sudhakaran-anr-vs-state-of-kerala-ors-on-11-may-2006\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"K.P.Sudhakaran &amp; 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