The main legal point established in the judgment is the process of recruitment through the Public Service Commission and the status of ad hoc employees.

Headnote:
Public Service Commission - Recruitment Process - Court directs State Government to ascertain vacancies and conduct examination through Public Service Commission to fill up the vacancies. Ad hoc employees to continue in their posts until selected candidates join. Selected candidates to replace ad hoc employees upon reporting for duty.
Fact of the Case:

The court directed the State Government to ascertain the number of vacancies and conduct an examination through the Public Service Commission to fill up the vacancies. Ad hoc employees were allowed to continue in their posts until selected candidates joined. Selected candidates were to replace ad hoc employees upon reporting for duty.
Finding of the Court:

The court found that the appropriate order in this case should be in the same terms as in a previous case. The State Government was directed to take steps to ascertain the vacancies and conduct an examination through the Public Service Commission. Ad hoc employees were allowed to continue in their posts until selected candidates joined.
Issues: The issue was the process of filling up vacancies through the Public Service Commission and the status of ad hoc employees.
Ratio Decidendi: The court's decision was influenced by the precedent set in a previous case, which directed the State Government to conduct the recruitment process through the Public Service Commission and allowed ad hoc employees to continue in their posts until selected candidates joined.
Final Decision: The court directed the State Government to ascertain vacancies and conduct an examination through the Public Service Commission to fill up the vacancies. Ad hoc employees were allowed to continue in their posts until selected candidates joined. Selected candidates were to replace ad hoc employees upon reporting for duty.

Judgment :-

1. After bearing she learned counsel for both the parties we feel that the appropriate order to be passed in this case should be in the same terms as in P.K. Narayani v. State of Kerala and Ors. AIR 1984 SC 514: 1984 KLT 17 (SC). The State Government is directed to take steps as early as possible to ascertain the number of vacancies that will have to be filled up by resorting to recruitment through Public Service Commission. Immediately after such ascertainment the State Government shall write to the Public Service Commission to bold an examination to select candidates to fill up the vacancies. Until a selected candidate is able to join the post to which he is selected the ad hoc employee who is now working in any post shall continue in that post. This order does not confer any other type of right on the ad hoc employees. We hope that the entire process of selection and appointment of fresh candidates will be completed within six months from today.

If there are any candidates who are already selected by the Public Service Commission and who are not yet "advised to join" they may be issued such advices and on those candidates reporting for duty the ad hoc employees working in those posts shall vacate the posts. All the petitions are accordingly disposed of.

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Judicial Analysis