Summary
The Court upheld Kerala’s one-time Rule 39 exemption from a probation test for thirty-seven specially recruited Assistant Sub-Inspectors. The prescribed test had never been conducted for over twelve years, despite their provisional higher service. The residuary rule permitted a just and equitable response to this exceptional situation; the decision did not dispose of unrelated service grievances.
Issues
- Whether Rule 39 permitted exemption despite the restrictions invoked under Rule 13AA and earlier orders.
- Whether the prolonged failure to conduct the test justified exceptional relief.
Provisions considered
- Rules 13AA and 39, Kerala State and Subordinate Services Rules, 1958The reproduced overriding residuary power permitted the specific just-and-equitable exemption; Rule 13AA concerned promotion, whereas the impugned relief addressed probation. (¶ 8–10)
Held
- Rule 39 operated notwithstanding the general rules, special rules and Government orders. Its exceptional power remedied injustice caused by the authorities’ failure to conduct the required test, without treating ordinary hardship as sufficient in every case. (¶ 10–15)
- The officers never had an opportunity to pass the examination and had served for over twelve years, including provisional promotions. The identified exceptional group could validly receive the one-time exemption; the cited Full Bench principles supported, rather than defeated, that exercise. (¶ 11–15)
- Only the validity of the 17 November 2000 exemption order was decided. Other grievances could be pursued in appropriate proceedings if legally available. (¶ 17–18)
Result
Appeal dismissed without costs; one-time exemption upheld. Impleadment allowed and other legally available service grievances preserved.