Adherence to the rule of equality in public employment as a basic feature of the Constitution, and the need to comply with the requirements of Article 14 read with Article 16 of the Constitution in public employment.

Headnote:
Backdoor Appointments - Employment Grievance - Kerala Abkari Workers Welfare Fund Act 1990, Section 24 - Constitution of India, Article 14, Article 16 - Secretary, State of Karnataka and Others v. Umadevi and Others (2006 (4) SCC 1) - Pankaj Gupta and others v. State of J & K and others (2004 (8) SCC 353) - National Fertilizers Ltd. And Others v. Somvir Singh (2006 (5) SCC 493)
Fact of the Case:

The petitioners, employed persons, raised grievances regarding backdoor appointments in Kerala State Beverages Corporation and Kerala State Co-operative Consumer Federation, alleging violation of rules and Article 14 of the Constitution of India. The court addressed issues related to regularization of services, violation of interim orders, and enrollment in the Abkari Workers Welfare Fund Scheme.
Finding of the Court:

The court found that the order offering temporary membership under the Abkari Workers Welfare Fund Scheme did not entail regularization of employment. It also referred to the decision in Secretary, State of Karnataka and Others v. Umadevi and Others, emphasizing that adherence to the rule of equality in public employment is a basic feature of the Constitution. The court issued directions for notification of regular posts, prohibition of temporary appointments to regular vacancies, and age relaxation for temporary employees working for more than six months.
Issues: The issues involved backdoor appointments, regularization of services, violation of interim orders, and compliance with constitutional requirements for public employment.
Ratio Decidendi: The court relied on the decision in Secretary, State of Karnataka and Others v. Umadevi and Others, which established that appointments must be in terms of relevant rules and after proper competition among qualified persons to confer any right on the appointee. The court also emphasized the need to comply with the requirements of Article 14 read with Article 16 of the Constitution.
Final Decision: The court directed the notification of regular posts, prohibition of temporary appointments to regular vacancies, and age relaxation for temporary employees working for more than six months. It also clarified that regular vacancies should be notified and regular appointments made expeditiously.

Judgment :-

Koshy, J.

Petitioners in O.P.21971/02 and W.P.(C) No.25183/05 are employed persons. Their main grievance is that in Kerala State Beverages Corporation and in Kerala State Co-operative Consumer Federation, appointments are made through back door by which respondents’ favourites are appointed violating rules. As regular appointments are not made petitioners’ chances will be lost. It is also submitted that employees were appointed on daily wages without any norms. By Ext.P8 in O.P.21971/02 a proposal is made to regularize their services provided they are working six months continuously. According to petitioners due to back door appointments, they will not get a chance for applying to such posts and this is gross violation or Article 14 of the Constitution of India. In C.M.P.37671/2002 in O.P.21971/02 it was ordered on 7/8/2003 that if any further casual employees are required, candidates sponsored by Employment Exchange can be appointed and regular vacancies shall be filled up on the basis of selection, following a fair procedure. As per order dated 16/3/2005 respondents were directed not to regularize the services of workers engaged by them except after selection through Kerala Public Service Commission. (Ext.P3 in W.P.C.7947/2006). The complaint in the above writ petition (W.P.C.7947/2006) is that by Ext.P4 dated 1/3/2006 daily wages workers were ordered to be covered under the Abkari Workers Welfare Fund Scheme automatically from the date on which they complete three months of continuous service. According to the petitioners this is violation of interim orders passed by this court and this is equivalent to regularization of their services. Writ petition (Civil) No.21026/2006 is filed by the daily wages workers to implement the order dated 1/3/2006 to enlist them in Abkari Workers Welfare Fund Scheme.

2. It is not disputed that regular appointments are to be made through Public Service Commission in the Kerala Beverages Corporation as well as in Kerala State Co-operative Consumer Federation. But their submission is that with regard to the posts that should be appointed through P.S.C there are some discussions as they made a demand that appointment of last grade employees should be left to them. It is further submitted that in the case of exigencies of circumstances, after making public notice, eligible persons were appointed, but such employees were not regularized in violation of the interim orders. As far as Ext.P8 is concerned, it is stated that it is only an advice given by the Government to the Corporation to regularize the daily rated workers who are working in the above establishment and who were educationally qualified as service of experienced workers can be made utilised by the establishment. It is also submitted on behalf of some of respondent workers impleaded that they are working for long time and therefore if their services are dispensed with, they will not get a chance to get employment elsewhere. Learned Advocate General submitted that policy of the Government is to appoint persons through regular channel only and Ext.P8 may be treated only as a proposal. But no such workers were regularized so far. We shall discuss the right of regularization of such workers, after considering the question of enrollment of daily rated workers under the Abkari Workers Welfare Fund Scheme.

3. Ext.P4 in W.P.C.7947/06 is not a regularization order at all. By Ext.P4 daily wages workers were offered temporary membership under Abkari Workers Welfare Fund Scheme. Above order read as follows;

“In view of the above facts Government are pleased to accord sanction to enroll the daily wage employees of the Corporation in the Kerala Abkari Worker’s Welfare Fund Scheme subject to the condition that they will be dispensed with Employees Provident Fund Scheme and will be fully governed by the service condition as envisaged in the service rule of the Kerala State Beverages (M & M) Corporation. The accumulations of the Employees Providen

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