Public interest is paramount and should inform every aspect of state action, and compassionate appointments should be consistent with public interest.

T. L. Viswanatha Iyer, J.

1. Petitioner is the son of one P. O. Chacko, who was a driver in the respondent Corporation. Chacko died on 18-2-1986 after serving the Corporation as a driver for more than twenty years. There was a suit among the heirs, of Chacko namely O. S. No. 182 of 1987 on the file of the Munsiff's Court Kanjirappally in which a decree was passed on 29-9-1987 declaring the petitioner as the person entitled to claim compassionate appointment in the Corporation under the dying in harness scheme. Petitioner applied accordingly for appointment in the respondent Corporation pursuant to which he was called for an interview in the year 1988, and being found fit, included in the select list for appointment under the dying in harness scheme. He is serial No. 2 in the list of peons selected for appointment under the scheme.

2. Since the appointment was not forthcoming despite his inclusion in the list, the petitioner made request for immediate appointment to which he received a reply Ext. P4 dated 18-11-1991, stating that he is serial No. 2 in the list of peons selected under the scheme and that he will be appointed in his turn as and when a vacancy of peon arises in the Corporation.

3. The petitioner is disappointed with the reply Ext. P4 and prays for immediate appointment with retrospective effect in the respondent Corporation. He also seeks payment of all monetary benefits arising out of retrospective notional appointment.

4. There is a further prayer to create a supernumerary post with retrospective effect to accommodate him in case there is no vacancy at present.

5. The respondent has filed a counter statement in which, while they stand by their offer to appoint the petitioner, they plead their difficulties besides financial constraints and governmental directions as standing in the way of the appointment. First it is pointed out that the corporation is overstaffed with the bus staff ratio standing at 1:11.5 while it should be around 1:7.5. Government itself has taken note of this overstaffing and has issued directions under S.34 of the Road Transport Corporations Act directing that no appointment shall be made in the Corporation, that loss should be progressively reduced and the rate of return of 3% prescribed by the Finance Commission should be reached not later than 1989-90. Accordingly the Corporation has stopped all fresh appointments including appointments under the dying in harness scheme.

6. It is also pointed out that the Public Service Commission had prepared an advice list of peons on 9-4-1984 out of which only a few have been appointed till this date. Many of those included in the advice list are waiting for their turn for appointment as peons in the Corporation. It is in these circumstances that the Corporation pleads, as stated above, inability, financial problems and governmental directions as standing in the way of the petitioner being appointed. The Corporation points out inter alia that at a matter of fact they are having a select list of twenty five candidates to be appointed as peons in the dying in harness scheme, but none could be appointed in the above circumstances.

7. There is no doubt that the petitioner is one of those included in the list for appointment of peons prepared under the dying In harness scheme There are twenty five person in that list. The dispute arises only because of the petitioner's claim for immediate appointment and that too with retrospective effect. Petitioner refers to the decision of the Supreme Court in Sushama Gosain v. Union of India, AIR 1989 SC 1976, where the court stated that if there is no suitable post for appointment, a supernumerary post should be created to accommodate the applicant. This was followed by this court In Brijithamma v. State of Kerala 1990 (1) KLT 399, where again this court emphasised the need for immediate employment of the dependents of those persons dying in harness.

8. There can be no doubt that the dependents of those who die while i