Residuary power under service rules can justify test exemption where State inaction caused unfair hardship in probation and promotion.

Rule 39 of the Kerala State and Subordinate Services Rules, 1958 is described as a residuary power enabling the Government to act in a just and equitable manner despite other service rules. The article explains that this power may be used in rare and exceptional cases to grant exemption from a prescribed test where the State's own prolonged failure to conduct the test caused hardship in probation, increments, seniority, and promotion. It further notes that Rule 13AA dealt with promotion, while the impugned order concerned probation, and that such special treatment was considered consistent with Article 14 and Article 16. The Government order granting exemption was treated as valid.

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Issues: Whether the Government was justified in invoking Rule 39 of the Kerala State and Subordinate Services Rules, 1958 to exempt the directly recruited Assistant Sub-Inspectors from passing the test prescribed under Rule 9 of the Special Rules, despite the proviso to Rule 13AA.

Analysis: Rule 39 confers a residuary power on the Government to deal with a case in a manner that appears just and equitable notwithstanding anything contained in the Rules, Special Rules, or Government Orders. The exemption was granted in an extraordinary situation where the prescribed test had not been conducted for over twelve years, though the employees had already served and were being affected in matters of probation, increments, seniority, and further promotion through no fault of their own. Rule 13AA operated in the field of promotion, while the impugned order related to probation. The Court approved the view that equity and justice permitted the Government to remove the injustice caused by its own inaction, and that the power under Rule 39 could be used in rare and exceptional cases to accord special treatment consistent with Article 14 and Article 16 of the Constitution of India.

Conclusion: The Government Order exempting the concerned employees from the test was valid, and the challenge to it failed.

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