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(State service covers gazetted posts and Subordinate service covers non-gazetted posts in the department) As per the Special Rules, the post of Museum Assistant is a feeder category for promotion to the post of Manager, which is category No.8 in the Special Rules for the Kerala Archaeological Subordinate Service.

The next higher posts are Research Assistant (Folklore) and Research Assistant (Numismatics). The method of appointment to these posts is by direct recruitment. Category No.2, Field Assistant(Malabar Survey) is the promotion post of Manager.

(iii) To declare that the action of the 2nd respondent in declaring the probation of the 4th respondent in the post of Technical Assistant as illegal and unsustainable.

(iv) to issue a writ of certiorari or other appropriate writ, order or direction to quash the appointment of 4th respondent as Research Assistant (Numismatics) and his further appointment/promotion from the post of Research Assistant as Technical Assistant."

Certain distressing facts were revealed when this Writ Appeal was heard by us. The facts brought to our notice show that promotions are being ordered under the Directorate of Archaeology without any reference to the Special Rules and qualifications and  method of appointment prescribed therein. We notice that the writ petitioner/first respondent herein has been provisionally promoted as Field Assistant from the post of Museum Assistant by Ext.P9, without reference to the Special Rules. Now, she has been further provisionally promoted as Curator, as is evident from Annexure A1. The Special Rules available do not justify such promotions. The same is the case of promotion of the appellant who was the 4th respondent in the Writ Petition. He has been provisionally promoted as Research Assistant (Numismatics). It was not a post available under the earlier Special Rules which were framed in 1974. As per Ext.P7 Special Rules which were framed in 2000, the appellant is not eligible for promotion to that post. The post held by him is not included in the feeder category, but still, he has been provisionally promoted as Research Assistant (Numismatics). We are told that he has been further promoted as Technical Assistant on 25.7.2006, which is also not permissible in terms of the Special Rules. We are surprised to hear that the probation of the writ petitioner/first respondent has been declared in the post of Field Assistant. We are shocked to hear that the probation of the appellant has also been declared in the post of Research Assistant (Numismatics). The promotions are ordered without any regard to Rule 28 of the Kerala State and Subordinate Services Rules. Both sides also submit that similar illegal promotions were granted to one K.R. Shylendranath, the third respondent in the Writ Petition who is the 4th respondent in the Writ Appeal. A provisional appointee cannot be treated as a probationer and his probation cannot be declared. Only an approved probationer can be regularly promoted. We find these principles are thrown to the winds.

Post on 27.1.2010."

Pursuant to the above order, the second respondent has filed a counter affidavit, admitting the illegalities in the promotions granted to the appellant, first respondent and the 4th respondent. Regarding the promotions granted to the appellant, it was stated in paragraphs 5 and 6 as follows :

"5. The promotions/appointments granted to the appellant as well as the first and 4th respondent would come within the above category of promotions which were granted in violation of the special rules of 2000. In so far as the appellant T.K.Karunadas was concerned, he entered service of the Directorate of Archeology as LDC on 02.05.1989 and successfully completed his probation in the above post. A vacancy in the post of Research Assistant (Numismatics) which was created in 1979 occurred on 01.10.1996 and since the above post was not included in the special rules a draft rule had been prepared incorporating the qualifications and mode of appointment to the above post and also bringing out variation/amendment to the above rules. Government was moved for approval to fill up the above vacancy and to decide as to the method of appointment to be resorted to. Government as per its communication dated 25.4.2003 directed the Director to make a provisional appointment against the above post from among the existing employees after calling for applications in this regard. The above appointment was to be provisional till the appointment of regular qualified hand. Pursuant to the same, it is understood that the Director issued a circular dated 19.5.2003 inviting applications from the existing employees for appointment to the post of Research Assistant (Numismatics). It was pursuant to the above circular and on the basis of application received from the appellant that the appellant was appointed provisionally to the post of Research Assistant (Numismatics) by the order dated 12.6.2003. The above appointment was purely provisional and under Rule 9(a)(i) of KS and SSR. It was also mentioned in the appointment order that the above appointment was for a period until a regular hand fully qualified as per the Special Rules was appointed. In the meanwhile the special rule was duly issued as per G.O.(P) No.2/2000 and the mode of recruitment to the post of  Research Assistant (Numismatics) as per the same was direct recruitment alone.