2016 Supreme(Ker) 410
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHAJI P. CHALY, J.
Manikuttan B. - Petitioner
Vs.
The Kerala State Public Service Commission & Anr. - Respondents
W.P. (C) No. 25049 of 2015
Decided On : 19-08-2016
Advocate Appeared:
For the Petitioner: Sri. K. Shaj, Sri. Sajju S.
For the Respondents: Sri. P.C. Sasidharan, Sri. M. Gopikrishnan Nambiar
Headnote:
Public Service Commission - Service Matter - Experience gained in Private establishment - Nature of experience shows as 'casual labourer' - Value of - Held, term 'casual' is defined in the 'Chambers Concise Dictionary' to mean; 'accidental, unforeseen, occasional, off-hand' etc. etc. Merely because in the certificate, the nature of experience shows as 'casual labourer', the term is not the criteria that is to be taken into account, but the material aspect with respect to the nature of work carried out by the applicant - experience certificate showing the experience secured by a candidate in a Central or State Government Organization, Public Companies, registered Private Establishments as temporary or permanent employee is acceptable. So also, so far as workers in factories are concerned, experience gained either permanently or as a daily rated worker is also acceptable
This writ petition is filed by the petitioner seeking direction to the 1st respondent Kerala State Public Service Commission [hereinafter called 'the P.S.C'] to include the petitioner in the ranked list in category No.470/09 for appointment to the post of Blacksmith Grade-II in the 2nd respondent Corporation and to quash Ext.P5 letter issued by the P.S.C, whereby petitioner was informed by the 1st respondent that he cannot be included in the rank list. Material facts for the disposal of the writ petition are thus:
2. First respondent issued notification dated 30.12.2009 inviting applications to category No. 470/09 for direct recruitment to the post of Blacksmith Grade-II in the 2nd respondent Corporation. Pursuant to the aforesaid notification, petitioner applied to the said post. Petitioner has all the requisite qualifications and experience for seeking appointment. But petitioner did not find a place in the final rank list published by the 1st respondent. The reason assigned for excluding the petitioner stated in Ext.P5 is that his experience as casual labourer is not sufficient. It is the contention of the petitioner that, notification dated 30.12.2009 only requires a work experience of three years in any Body building/Body repairing Units having S.S.I. registration. It does not make any exclusion to the work experience obtained as a Casual Labourer. The terms, conditions and eligibility for recruitment cannot be changed after the notification, and further contends that 1st respondent cannot add additional criteria which has not been specifically provided in the notification. It is in this background, this writ petition is filed.
3. First respondent has filed a counter affidavit contending that the qualifications prescribed for selection to the post were: I.T.I. Certificate in the trade of Blacksmith/Forger and Heat Treatment/Sheet Metal/Fitter/Diesel Mechanic/Mechanic Motor vehicle/Welder with not less than three years experience in any body building or body repair workshop having S.S.I Registration. Petitioner cleared the objective type O.M.R. Test. Petitioner at the time of certificate verification conducted for the post from 17.02.2014 to 22.02.2014, produced National Trade Certificate in the trade of Sheet Metal Worker and Experience Certificate as casual labourer from M/s. Suresh Engineering Works and Metal Industries, Adoor, denoting experience from January, 1992 to January, 1995. The specific date of the month of January, 1992 or the month of January, 1995 is also not specified in Ext.P3 experience certificate. As per paragraph 19 of Part-II General Conditions, it is clearly stipulated that the experience gained by candidates in the capacity of paid or unpaid apprentices, trainees and casual labourers will not be accepted. As per the experience certificate produced, petitioner has gained experience in the capacity of casual labourer. Hence the application of the petitioner was rejected and his name was not included in the rank list for the post of Blacksmith Grade-II in the 2nd respondent Corporation, published on 23.10.2014.
4. It is also stated that, a Division Bench of this Court in 'Kerala Public Service Commission v. Anil Kumar' [2013 (2) KLT SN 103 (C.No.132)] while considering the empanelled service rendered in the K.S.R.T.C for the purpose of age relaxation, held that empanelled service which are only intermittent appointments cannot qualify for age relaxation. Therefore, it is the contention that experience as a casual employee does not qualify for the required three years experience as per the notification. Further, it is contended, going by the decisions reported in 'Karnataka Public Service Commission & others v. B.M. Vijaya Shankar & others' [1992 (2) SCC 206] and 'Rangaswamy v. Kerala Public Service Commission' [1982 KLT 574], the conditions in the notification is binding to both the candidates and the Commission and departure from the notification is not justified. Therefore, it is submitted th