IN THE HIGH COURT OF KERALA
P.R. Ramachandra Menon, Devan Ramachandran, JJ.
Kerala State Road Transport Corporation - Appellant
Vs.
Soumya - Respondent
W.A. No. 1569 of 2018
Decided On : 06-09-2018
Service Law-Right to obtain employment in any of the other PSUs and corporations be protected -It is for the KSRTC to decide the number of employees that they want on their board and the manner in which they are to be controlled and modulated. When the KSRTC is vehement that they do not require these 209 posts and since they virtually take the position that these posts should be deemed to be abolished, we find no reason why we must burden them with additional personnel, especially when, by doing so, it would perhaps cause prejudice than benefit to such additional personnel, including the respondents in this appeal, since there is a real chance that immediately after appointment, the KSRTC would embark upon the procedure for retrenchment of non-requisite staff.
Statement of facts:
Young, qualified men and women seeking and aspiring for employment to the various Public Sector Undertakings under the Government of Kerala in these set of cases. Their disquiet is exacerbated because the Rank list, in which they are included, is now set to expire in a few weeks, but their fate still remains entangled in litigation-Therefore, pray that a path, guided more by practically than legalese, be now directed to be adopted, so that they can be freed from this predicament soon.
Finding of the court:
Inclusion in the rank list would certainly obtain to them the entitlement to be considered for advise by the PSC, with respect to the vacancies reported to them by the various PSUs, Corporations and Companies as per the original notification-The rank list is expiring on 28.09.2018-Direct the competent authority of the PSC to expedite the process of advice of candidates, so that the long wait of the petitioners for employment would not end in vain-The KSRTC would not be in a position to fill up the 209 vacancies involved herein in any manner, be that temporary, adhoc, contract or such other; and that for all practical purposes, it would be deemed that these vacancies are now abolished.
Result: Writ petitions allowed
We see the angst of young, qualified men and women seeking and aspiring for employment to the various Public Sector Undertakings [PSUs for short] under the Government of Kerala in these set of cases. Their disquiet is exacerbated because the Rank list, in which they are included, is now set to expire in a few weeks, but their fate still remains entangled in litigation. They, therefore, pray that a path, guided more by practically than legalese, be now directed to be adopted, so that they can be freed from this predicament soon.
2. The persons involved, namely the writ petitioners in the various writ petitions and the respondents in W.A. No. 1569 of 2018, are all concededly included in a rank list prepared by the Public Service Commission [PSC for short], for being appointed as Junior Assistants/Assistant Grade II/Lower Division Clerk in the various PSUs, including Kerala State Road Transport Corporation [KSRTC], Kerala Live Stock Development Board [KLSDB], State Farming Corporation of Kerala [SFCK] etc. prepared pursuant to the notification published in the gazette dated 31.12.2011. These posts are shown as category No. 490/2011 in the said notification and they carry common prescriptions as regards qualifications and experience.
3. We see from the records that on the basis of an OMR test held by the PSC on 13.07.2013, the rank list for the post was brought into force w.e.f.29.09.2015. Obviously, therefore, this rank list is in force only until 28.09.2018. It is the prospect of the rank list expiring in the imminent future that has driven all these individuals to litigation before this Court, claiming that they be appointed to the available vacancies under the KSRTC and the other PSUs.
4. All these writ petitions contain similar averments and have sought for prayers that are analogous to each other, and we, therefore, deem it appropriate to dispose of all these jointly by this judgment. However, we deem it apposite to treat W.A. No. 1569 of 2018 as being the lead case because our views in the said appeal will modulate and direct all further course to be adopted with respect to the other writ petitions.
5. We have heard Sri. N.N. Sugunapalan, the learned senior counsel, Sri. P. Nandakumar, Sri. Elvin Peter P.J., Sri. George Varghese Perumpallikuttiyil - the learned counsel appearing for the petitioners in the respective writ petitions; Sri. M. Gopikrishnan Nambiar, the learned standing counsel appearing for the KSRTC; Sri. P. Sanjay the learned counsel appearing for the party respondents in W.A. No. 1569 of 2018; and Sri. P.C. Sasidharan, the learned standing counsel appearing for the PSC.
6. Writ Appeal No. 1569 of 2018 arises against the judgment of a learned Judge of this Court in W.P.(C) No. 13473 of 2017. This Writ Petition was filed by the party respondents herein praying that the KSRTC be directed to report all available vacancies, so that PSC will be in a position to make advice against the said vacancies. It transpires that, by an interim order, dated 13.09.2017, the learned Single Judge directed the KSRTC to report 209 non-joining duty [NJD] vacancies within a month subject to further orders. The learned Judge, thereafter, disposed of the Writ Petition ordering the PSC to make advice of eligible candidates from the rank list against these reported vacancies in the Post of Junior Assistants/Assistant Grade II/LDC within a period of one month from the date of receipt of a copy of this judgment. It is this judgment that has been impugned by the KSRTC in this appeal.
7. The singular and primary contention of the KSRTC in their appeal is that, they no longer require 209 numbers of Junior Assistants in their services, since there are already 1024 Junior Assistants/Assistants in the Corporation which presently operates only 6350 buses. They further say that consequent to the merging of depots and comprehensive computerization, added with the increase in the working hours, they do not require any further Junior Assistants
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.