Featured image for Supreme Court Judgment dated 25-09-2018 in case of petitioner name Anil Kumar P.P. vs The State of Kerala & Ors.
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Forest Officer Promotion Dispute: Supreme Court Orders Reconsideration

The Supreme Court of India, in the case of Anil Kumar P.P. vs. The State of Kerala & Ors., examined a dispute regarding the promotion of a Deputy Range Officer to the post of Range Forest Officer. The case revolved around the Kerala government’s decision to relax service rules under Rule 39 of the Kerala State and Subordinate Services Rules and whether such relaxation was justified.

The Court found that while the government had considered the appellant’s case, the exemption from training requirements was granted without proper assessment. The Court directed the Kerala government to reconsider the case after a fresh evaluation.

Background of the Case

The appellant, Anil Kumar P.P., was serving as a Deputy Range Officer in the Kerala Forest Department. Seeking promotion to the post of Range Forest Officer (previously known as Range Officer), he applied for relaxation of certain service requirements under Rule 39 of the Kerala State and Subordinate Services Rules.

The key issues in the case were:

  • The government exempted the appellant from mandatory training required for the post.
  • The exemption was granted based on the fact that the appellant had only 4.5 years of service left and would not get sufficient time to serve in the promoted post after training.
  • The Kerala Public Service Commission (PSC) and the High Court later questioned the legality of this exemption.

Kerala High Court’s Ruling

The Kerala High Court set aside the government’s order, ruling that:

  • Training is a mandatory requirement for promotion to the post of Range Forest Officer.
  • The government had not conducted an inquiry to determine whether the appellant’s experience and expertise justified an exemption.
  • The relaxation under Rule 39 was granted without proper justification.

The appellant challenged the High Court’s ruling before the Supreme Court.

Arguments of the Petitioner (Anil Kumar P.P.)

The appellant argued:

  • The government had the power to relax service conditions under Rule 39 in the interest of equity and justice.
  • He had extensive experience, making additional training unnecessary.
  • The exemption was granted after due consideration by the government.
  • Setting aside the exemption would cause undue hardship as he was nearing retirement.

Arguments of the Respondents (State of Kerala & Public Service Commission)

The respondents contended:

  • Training is a mandatory prerequisite for promotion and cannot be waived arbitrarily.
  • The government’s exemption was granted without any inquiry into whether the appellant’s experience justified it.
  • The relaxation set a bad precedent and undermined the recruitment process.

Supreme Court’s Observations

The Supreme Court made the following key observations:

  • “If training is a requirement for appointment or promotion to a post, there must be a proper assessment before granting an exemption.”
  • “The government failed to conduct an inquiry to determine whether the appellant’s experience warranted relaxation.”
  • “Rule 39 cannot be invoked to grant exemptions without applying proper criteria.”
  • “The case should be reconsidered with due process and proper evaluation of the appellant’s eligibility.”

Final Judgment

The Supreme Court ruled:

  • The government’s order dated 23 August 2013 exempting the appellant from training was set aside.
  • The matter was remitted back to the Kerala government for fresh consideration.
  • The government must provide the appellant with an opportunity of hearing before passing a fresh order.
  • The fresh order must be issued within six weeks.

Impact of the Judgment

This ruling reinforces key principles regarding service rule relaxations:

  • Exemptions from mandatory training requirements must be backed by proper assessment.
  • Government decisions under Rule 39 should be based on objective criteria and not on convenience.
  • The Kerala Public Service Commission’s role in ensuring fair and merit-based promotions is reaffirmed.
  • Future service exemptions must be carefully scrutinized to prevent misuse.

By directing a fresh evaluation, the Supreme Court ensured that fairness and transparency are maintained in promotions within the Kerala Forest Department.


Petitioner Name: Anil Kumar P.P..
Respondent Name: The State of Kerala & Ors..
Judgment By: Justice Kurian Joseph, Justice Sanjay Kishan Kaul.
Place Of Incident: Kerala.
Judgment Date: 25-09-2018.

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