Point of Law: Since statutory rules regulating Government service were only adopted on basis of a resolution by Board of Kerala Water Authority, said rules do not retain statutory flavour in their application to staff members of Kerala Water Authority, since said Government rules were adopted by Kerala Water Authority by a resolution.

JUDGMENT :

ALEXANDER THOMAS, J.

The afore captioned Original Petition, instituted under Articles 226 & 227 of the Constitution of India, is directed against the impugned Ext.P-4 final order dated 28.3.2023 rendered by the Kerala Administrative Tribunal, Thiruvananthapuram Bench, in O.A.No. 1625/2022. The petitioners in the O.P. are contesting respondents 8 to 10 in the O.A., contesting respondents 1 to 4 herein are the 4 applicants in the O.A., official respondents 5 & 6 herein (The State & the Director of Technical Education) are respondents 1 & 2 in the O.A., R-7 herein (The Kerala Public Service Commission) is R-3 in the O.A. and contesting respondents 8 & 9 herein are contesting respondents 4 & 7 in the O.A.

2. Heard Dr. K. P. Satheesan, learned senior counsel, instructed by Sri.K.Sudhinkumar, learned counsel appearing for the petitioner, Sri. Sunil Jacob Jose, learned counsel appearing for R-1 to R-4 herein (applicants in the O.A.), Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader, appearing for R-5 & R-6 and Sri. P. C. Sasidharan, learned Standing Counsel for the Kerala Public Service Commission (PSC), appearing for R-7. The Registry has reported that though R-8 & R-9 have been duly served notice by Special Messenger, the said parties have not entered appearance.

3. The prayers in the instant Ext.P-5 O.A.No. 1625/2022, filed by R-1 to R-4 herein before the Tribunal, are as follows:

“A. To call for records connecting to Annexure A5 and to quash the same, as it is arbitrary and vitiated due to nepotism, and Violative of the dictums of Honourable Apex Court and Honourable High Court of Kerala or otherwise declare that the same is having no impact on the present selection process.

B. To call for records connecting to Annexures A6 & A7 and to quash the same in the light of Annexure A8 Order as it is issued in violation of the provisions of the Special Rules and the settled position that an executive order cannot supplant the Special Rules.

C. To grant an order of declaration that respondents 4 to 10 are liable to be reverted from the post of Instructor Grade 1, as the appointments made by way of Annexures A6 and A7 suffers from grave illegality and is violative of Annexure A3 Special Rules and the dictums laid down by the Honourable Supreme Court and the Honourable High Court of Kerala and this Honourable Tribunal in Annexure A8 Order.

D. To declare that the 2nd respondents (sic) are duty bound to the report the existing as well as arising vacancies in the post of Instructor Grade I (Electrical Engineering) to the PSC, for filling it up from Annexure A2 Ranked List, as per the method of appointment laid down in Annexure A3 Special Rules.

E. To direct the 1 and 2nd respondents to issue order reverting the incumbents who have been appointed as Instructor Grade 1, as per Annexures A6 and A7 and the (sic) report the said vacancies to the PSC for filling it up from Annexure A2 Ranked list.

F. To direct the 2nd respondent to report all and every existing vacancies in the post of Instructor Grade 1, (Electrical Engineering) to the PSC in accordance with the Special Rule and a further direction to the 3rd respondent to fill up the same from Annexure A2 Ranked list.

G. Such other reliefs this Honourable Tribunal deems fit and proper.”

4. The Tribunal, after hearing both sides, has rendered Ext.P-4 final order on 28.3.2023, disposing of O.A.No.1625/2022 with the finding that the by-transfer appointments given to the contesting respondents to the post of Instructor Grade-I, Electrical Engineering, Government Engineering College, as per Anxs.A-6 & A7, in pursuance of Ext.P-3/Anx.R-8(c) Draft Rules (proposing for amendment of the statutory rules) is in contravention of Anx.A-3 statutory Special Rules dated 8.11.2010 and hence, Anx.A-7 has been set aside and it has been further ordered that the 4 vacancies, against which by-transfer appointments were made to the 4 incumbents (the 4 petitioners herein), as per Anx.A-7, shall be reported by