K.P.Sobhana vs State Of Kerala
From the Reference Order itself, it is found that in respect of candidates, who were not appointed through Employment Exchanges, but through separate selection process and who were not governed by the second proviso to Rule 9(a)(v), the same Bench had directed the Government to consider claims of such personnel for regularisation, by exercising residuary powers under Rule 39 of the KS & SSR, taking notice of the circumstance that their regularisation was delayed in spite of Government decisions, for no fault of theirs. Although the decision in Sobhana's case (cited supra) stands overruled by the Writ Appeal judgment in W.A.No. 2237 of 2004 and connected cases, when the Bench categorically held that persons regularised after 1.10.1994 were disentitled to the benefit of Government Decision No. 2 under Rule 33 of Part I of the KSR, the further observation, according to the Government Pleader was unwarranted.