Consultation with the Public Service Commission is not necessary for deputation, and R.9B does not apply to a Government-owned company like the Civil Supplies Corporation.

K.A. Abdul Gafoor, J.

The petitioner is a Rationing Inspector working in Kerala State Civil Supplies Corporation. He had served for about five years on deputation to the Corporation. He has approached this Court challenging Ext. P2 and seeking a declaration that Ext. P1 norms are opposed to R.2A of the Kerala Public Service Commission (Additional Functions as respects certain Corporations & Companies) Rules, 1970 as that deputation is a mode of appointment. He also seeks a direction restraining the respondents from deputing the petitioner on the basis of Ext. P1 norms.

2. The petitioner had been to this court on an earlier occasion with O.P.No. 18889 of 1998. That original petition was disposed of directing the respondents to consider and pass orders on his representation dated 15.9.1998. His representation had been duly considered at length adverting to each of his contentions, in Ext. P2. Ext. P2 adverts to all the points raised by the petitioner in his representation. Therefore, there arise no arbitrariness in rejecting the representation of the petitioner. It is stated that seniority list for the purpose of deputation of personnel's to the Kerala State Civil Supplies Corporation is being prepared. It is also stated that it is necessary to depute personnel's from Civil Supplies Department to the Civil Supplies Corporation for its proper working, as the Civil Supplies Corporation is engaged in the duty of ensuring smooth functioning of public distribution system as well as the Market Investigation

especially in the festival seasons. The Government have adopted the deputation as a policy in order to maintain the proper functioning of the Corporation. Therefore, I see no arbitrariness or illegality in Ext. P2. The challenge against Ext. P2, therefore, fails.

3. Ext. P1 contains certain norms in the matter of deputation of employees of Civil Supplies Department to corresponding posts in the Civil Supplies Corporation. The petitioner seeks a declaration that Ext. P1 norms are contrary to the provisions contained in R.2A of the Kerala Public Service Commission (Additional Functions as respects certain Corporations & Companies) Rules, hereinafter referred to as 'the Rules'. According to the petitioner, Ext. P1 is contrary to the said Rule when Ext. P4 provides for deputation as a mode of appointment.

4. As per the Kerala Public Service Commission (Additional Functions as respects certain Corporations & Companies) Rules, 1970, direct recruitment to certain companies are brought under the purview of the P.S.C. obviously in terms of Art.321 of the Constitution of India which enables State Legislature to extend the functions of the P.S.C. as respects services of the body corporate constituted by law, owned by the Government. As per S.3(2) thereof, the Board of Directors of the company like Civil Supplies Corporation may consult the Public Service Commission on all matters relating to the methods of recruitment of the employees of that company. Employees may be recruited in the service of a company by direct recruitment, by promotion, by transfer and by deputation in appropriate cases, if the rules of recruitment provide so. Ext. P4 is a Government Order sanctioning the method of recruitment to the service of Kerala State Civil Supplies Corporation. The Rules have been framed by the Corporation and sent for approval of the Government. The Government consulted in terms of S.3(2)(a) of the Act with the P.S.C. and the P.S.C. suggested certain modification, but the Government did not agree. The Government overruled the advise of the P.S.C. and approved the recruitment rules concerning the service of Kerala State Civil Supplies Corporation. As per the recruitment rule so approved, the deputation is one among the method of appointment. So, there is actual consultation with the P.S.C. in terms of S.3(2)(a) of the Act in the matter of formulation of recruitment rules relating to the service of the Corporation. R.2A of the Rules provides