Point of Law: A party cannot seek a direction to Government for the creation of posts since such exercise is within the exclusive domain of the State Government and it is not for the constitutional courts to issue any direction to the Government for creation of posts.

JUDGMENT :

Viju Abraham, J.

The above Original Petition is filed by the applicant in O.A.No.1275 of 2021 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram aggrieved by Ext.P4 order dated 28.10.2021.

2. Brief facts necessary for consideration of the present Original Petition are as follows: Petitioner is included as Rank No.164 in Annexure-A1 list published on 10.11.2020 by the 5th respondent, Kerala Public Service Commission, for selection to the post of Lower Division Typist in Alappuzha District. The grievance of the petitioner is that in all 71 Grama Panchayats in Alappuzha District, Clerical staff, as well as Data Entry Operators, are engaged on a temporary basis and they are performing the duties of Lower Division Typists. As these posts are being filled up on a temporary basis, no regular posts are created and this has affected the chance of the petitioner for getting a regular appointment, though he was included in Annexure-A1 ranked list. It is contended that 38 Panchayats in Alappuzha District have submitted a proposal for filling up of vacancy of Lower Division Typists on a regular basis by creating the posts of Typists, as is evident from Annexure-A2 dated 30.12.2017. It is also the case of the petitioner that by Annexure-A3 proceedings dated 14.06.2018, 3rd respondent has submitted the proposal before the 2nd respondent recommending the creation of posts of Lower Division Typists in Grama Panchayats. On the abovesaid facts and circumstances, the petitioner seeks a direction to respondents 1 and 2 to take necessary steps to sanction posts of Lower Division Typists in various Panchayats in Alappuzha District on the basis of Annexures-A2 and A3 proceedings.

3. A detailed reply statement was filed by the 3rd respondent Director of Panchayats mainly contending that the temporary appointments now made in various Grama Panchayats to the post of Technical Assistants are based on Annexure-R3(a) Government Order dated 27.06.2012, whereby the Government has issued sanction to appoint a Technical Assistant in all the Grama Panchayats, to provide e-governance technical support and that it is specifically mandated in the said order that the appointment will be on a contract basis. The qualification of Lower Division Typists and the qualification prescribed for Technical Assistants are entirely different and therefore, by creating a post of Lower Division Typist in every Grama Panchayat, e-governance support to the Grama Panchayats cannot be achieved as the qualifications for both the posts are entirely different. It is also stated in the said reply statement that the proposal submitted by the Director of Panchayats, 3rd respondent herein, was considered by the Government and was rejected by Annexure-R3(b) order dated 24.07.2018 taking a stand that the request for post creation cannot be considered. It is also contended that as per Annexure-R3(c) dated 01.02.2021 the Government has decided to extend the term of appointment of Technical Assistants in Grama Panchayats up to 31.03.2022 based on performance appraisal.

4. The Tribunal considered the above O.A along with other connected cases and dismissed the same as per order dated 28.10.2021 holding that the applicant/petitioner herein will not come within the purview of “person aggrieved” under Section 19 of the Administrative Tribunals Act, 1985 and that creation of a post is a matter of policy of the Government and that mere inclusion of the name of the applicant in the ranked list will not confer upon him any right of appointment to any particular post. It is aggrieved by the said decision of the Tribunal as per Ext.P4 order that the present Original Petition is filed.

5. We have heard Sri.O.D.Sivadas, learned counsel appearing for the petitioner, Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission appearing for respondents 5 and 6 and also Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for respondents 1 to 4