ANIL K.NARENDRAN , J.
The petitioners are the applicants in O.A.(Ekm.)No.827/2014 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram. They have approached the Tribunal in O.A. (Ekm.)No.827/2014 to set aside Annexures A2 and A4 orders, so far as it adversely affects them and also seeking an order directing the respondents to give them regular promotion as Senior Clerk by granting necessary exemption under Rule 13B of the Kerala State and Subordinate Service Rules, 1958 (hereinafter referred to as 'the KS&SSR'). The Tribunal by Exhibit P1 order dated 18.11.2014 dismissed the O.A. and it is aggrieved by the said order, the petitioners are before us in this O.P.(KAT).
2. We heard arguments of the learned counsel for the petitioners and the learned Senior Government Pleader appearing for the respondents.
3. The 1st petitioner entered service as L.D. Clerk on 30.1.2007 and he completed probation on 15.1.2010. He was provisionally promoted as Senior Clerk by order dated 6.11.2013 of the Director of Panchayats, the 2nd respondent herein, and posted in Vadavannur Grama Panchayat in Palakkad District. He attained 50 years of age on 15.10.2013. The 2nd petitioner entered service as L.D. Clerk in December, 2006. He was provisionally promoted as Senior Clerk by order dated 11.11.2013 of the 2nd respondent and posted in Vandayi Grama Panchayat in Palakkad District. He attained 50 years of age on 9.5.2013.
4. The petitioners are governed by the Kerala Panchayat Subordinate Service Rules, 1994 (hereinafter referred to as 'the Special Rules'). As per Rule 7 of the Special Rules, no person shall be eligible for appointment to the category mentioned in column (1) of the table below the said rule, unless he possesses the qualifications prescribed in the corresponding entry in column (3) thereof. The educational qualification prescribed under the Special Rules for the post of Upper Division Clerk (re-designated as Senior Clerk), a post falling under Category (2) in Group II, is SSLC or equivalent. Rule 9 of the Special Rules, which deals with special qualifications, reads thus;
“9. Special Qualifications:-
(1) Every person in Categories (2) and (3) in Group I and in Categories (1), (2) and (3) in Group II shall pass, if he has not already passed, the following tests so as to become eligible for promotion to categories (1), (2) and (3) in Group I and Categories (1) and (2) in Group II, respectively.
1. Manual of Office Procedure,
2. Account Test (Lower),
3. Panchayat Test.
(2) Every person appointed to Category (3) in Group I and Category (3) in Group II shall within the period of probation pass the test in Manual of Office Procedure, if he has not already passed the test.”
5. Going by Rule 10 of the Special Rules, the provisions of the KS&SSR and the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, as may be in force from time to time, shall apply to the employees. According to the petitioners, on attaining the age of 50 years, they are entitled for exemption as provided under Rule 13B of KS & SSR from acquiring the special qualifications prescribed under Rule 9 of the Special Rules for promotion to the post of Senior Clerk. But the said claim was turned down by the respondents in Annexures A2 and A4 orders.
6. Rule 12 of the KS&SSR deals with qualifications for promotion. Clause (a) to Rule 12 reads thus;
“12. Qualifications for promotion:- (a) Where general educational qualifications, special qualifications or special tests are prescribed by the Special Rules of the 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 of 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.”
7. Rule 13 of the KS&SSR which deals with special qualifications reads thus;
“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:
xx xx xx
8. Rule 13A of the KS&SSR deals with temporary exemption from a pass in a special or departmental test prescribed by the Special Rules of a service for promotion. Going by Rule 13B of the KS&SSR, notwithstanding anything contained in the rules or in the Special Rules, persons in Government Service who attained the age of 50 years and who have put in 25 years of service shall be eligible for permanent exemption from passing the obligatory departmental tests, other than those prescribed as qualification in the Special Rules for all purposes such as promotion, appointment as full member of a service, etc. The 4th proviso to Rule 13B reads thus;
“Provided also that persons in Government service who attain the age of 50 years on or after the 26th day of August 1981, shall be eligible for permanent exemption from passing the obligatory departmental tests other than those prescribed as essential qualification in the Special Rules for all purposes such as promotion, appointment as full member of a service etc., irrespective of their total period of service.”
9. A combined reading of Rules 12 and 13 of the KS&SSR makes it abundantly clear that, acquisition of general educational qualifications, special qualifications or special tests prescribed by the Special Rules of the 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 is essential for a member in the category or grade carrying the lower rate of pay to become eligible for promotion to such category, grade or posts. Further, no person shall be eligible for appointment to any service, class, category or grade or any post borne on the cadre thereof, unless he possesses such special qualifications and has passed such special tests as may be prescribed in that behalf in the Special Rules, or possesses such other qualifications as may be considered to be equivalent to the said special qualifications or special tests. However, going by the 4th proviso to Rule 13B, persons in Government service who attain the age of 50 years on or after the 26.8.1981, shall be eligible for permanent exemption from passing the obligatory departmental tests other than those prescribed as essential qualification in the Special Rules for all purposes such as promotion, appointment as full member of a service etc., irrespective of their total period of service.
10. Here, Rule 9 of the Special Rules prescribes pass in (i) Manual of Office Procedure, (ii) Account Test (Lower) and (iii) Panchayat Test as the special qualifications for every person in Categories (2) and (3) in Group I and in Categories (1), (2) and (3) in Group II so as to become eligible for promotion to categories (1), (2) and (3) in Group I and Categories (1) and (2) in Group II, respectively. The special qualifications prescribed under Rule 9 of the Special Rules are 'essential qualifications' so as to become eligible for promotion to the higher categories referred to above and not 'obligatory departmental tests' in respect of which the persons in Government service shall be eligible for permanent exemption on attaining the age of 50 years under the 4th proviso to Rule 13B. As exemption on attaining the age of 50 years is available only for 'obligatory departmental tests' and not for tests which are prescribed in the Special Rules as 'essential qualifications' for promotion, the claim made by the petitioner for retention in the post of Senior Clerks is untenable and the petitioners being unqualified hands are liable to be reverted. Therefore, in our view, the Tribunal rightly repelled the challenge made by the petitioners against Annexures A2 and A4 orders. We find absolutely no illegality or irregularity in Exhibit P1 order passed by the Tribunal, warranting any interference in this O.P.(KAT).
In the result, this O.P.(KAT) is dismissed. No order as to costs.
Sd/-
ANTONY DOMINIC, JUDGE dsn Sd/-
ANIL K.NARENDRAN, JUDGE