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1. The petitioner in O.P. 6619/89 was a Workshop Foreman and that post comes under Kerala Technical Education Subordinate Service. Thereafter, the petitioner was appointed by transfer to the category of Workshop Superintendent of the Polytechnic which is the post falling under the Kerala Technical Education Service. By Ext. P-1 proceedings, the provisional appointment of the petitioner was regularised with effect from September 2,1967. The scale of pay of Workshop Superintendent in Polytechnic is Rs. 750-1450 (pre-revised) and the pay of the petitioner was fixed in the minimum of the scale on Rs. 750-1450. In the final gradation list as on December 31, 1979 published in the Kerala Gazette No. 45 dated November 13, 1984, the petitioner was assigned rank No. 6. Serial numbers 3,4 and 5 in that list are direct recruits.

(b) he is the holder of a post in any other service for which no probation has been prescribed, and has put in satisfactory service in that post for a period of two years on duty within a continuous period of three years."

"Promotion" is defined in Rule 2(ii) of the Kerala State and Subordinate Service Rules as meaning the appointment of a member of any category or grade of a service or a class of service to a higher category or grade of such service or class. On the basis of these definitions Learned Counsel contended that promotion and recruitment by transfer are not the same and they are distinct and separate methods of recruitment/ appointment in the service jurisprudence. Learned Counsel further pointed out that the method of recruitment of Workshop Superintendent has been prescribed in the Special Rules for the Kerala Technical Education Service. Clause (C) relates to appointment of Polytechnics and category 3 relates to Workshop Superintendent. Rule 2 of the Special Rules provided that the appointment to the post of Workshop Superintendent shall be-