Court Dismisses Petition Challenging Appointments in Trivandrum Development Authority - 2024-06-13

Background

The petitioners challenged their appointments in the Trivandrum Development Authority (TRIDA), which were made through a selection process conducted by the Kerala Public Service Commission. The petitioners sought a direction from the court to the government to appoint them as Last Grade Servants in any government department, invoking the powers under Rule 39 of Part II KS&SSR.

Arguments

The petitioners argued that the Gazette notification and the ranked list prepared by the Public Service Commission were for the post of Last Grade Servants in various government departments, but they were appointed to TRIDA, which is not a government department. They contended that since their names were included in the ranked list, the government was bound to appoint them as Last Grade Servants in any government department.

The respondents, including the Public Service Commission and TRIDA, defended the appointments, arguing that the petitioners had joined the service in early 2018 and never raised any grievance until the expiry of the ranked list in 2018. They also cited the provisions of Rule 3 of Part II KS&SSR, which limit the Commission's power to cancel an appointment on the ground of mistake to within one year from the date of advice for appointment.

Court's Analysis and Reasoning

The court noted that the petitioners had secured appointments and waited until the expiry of the ranked list before raising the challenge, which was not open to them. The court also observed that under Rule 3 of Part II KS&SSR, the cancellation of an appointment on the ground of mistake is to be done by the Commission within one year from the date of advice for appointment, and the challenge raised by the petitioners was beyond this time limit.

The court concluded that in the circumstances, no interference was called for, and the writ petition was dismissed.

Decision

The Kerala High Court dismissed the writ petition filed by the petitioners, upholding the appointments made by the Trivandrum Development Authority (TRIDA) through the selection process conducted by the Kerala Public Service Commission.