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RAJA VIJAYARAGHAVAN V.
Fehmida Fatima S, W/o. Nithin A. N. – Appellant
Versus
Kerala State Electricity Board Limited – Respondent
JUDGMENT :
The petitioners herein have been included in the ranked list for the Assistant Engineer (Civil) post in the Kerala State Electricity Board Ltd (‘KSEBL’ for brevity). Their grievance is that despite the availability of substantial vacancies in the post of Assistant Engineer (Civil) in KSEBL, those vacancies are not reported to the PSC by the 1st respondent on the ground that restructuring measures are being initiated in the company.
2. Brief facts that need to be stated to resolve the issues raised in this writ petition are as follows:
a) The petitioners have been included in Ext. P1 rank list in the main list. The aforesaid rank list is stated to expire on 02.12.2023, as is evident from Ext.P2. It is stated that from Ext.P4 information obtained under the Right to Information Act, there are a total number of 330 sanctioned posts as on 01.02.2023 for the post of AE (Civil) in KSEBL, out of which 115 posts are occupied and 215 posts are vacant. The cadre strength of 330 is distributed in the ratio 4:1:3:2; 40% Degree quota (Open market), 10% in service quota (Degree), 30% Diploma quota, and 20% ITI quota. Accordingly, there would be 132 sanctioned posts in the category of AE (
Candidates do not possess an indefeasible right to be appointed from a ranked list unless state authorities' actions are found arbitrary or unreasonable.
The decision not to recruit new personnel until an extensive restructuring is done was found to be non-arbitrary and reasonable.
The decision to not fill vacancies by KSEB was upheld as legitimate based on ongoing restructuring, emphasizing that candidates have no vested right to appointments from ranked lists under Article 22....
Non-cadre posts cannot be reported to the Public Service Commission; rank holders are entitled only to regular cadre posts, not to vacancies arising from non-cadre classifications.
Point of Law : Recruitment over and above notified vacancies is not in accordance with constitutional mandate of equal opportunity of unemployment, envisaged in Articles 14 and 16 of Constitution of ....
State or any public agency, cannot be precluded from challenging a judgment on the ground that it approaches this court, filing an appeal against only one party – Even if in that case, normative basi....
The central legal point established in the judgment is the application of equal opportunity for public employment and the interpretation of selection rules in the context of ongoing and continuous re....
The court reinforced that candidates cannot compel filling vacancies from expired ranked lists, affirming appointing authorities' discretion over vacancy reporting under government policy.
Important points:Daily wage persons and provisional persons are being engaged by the respondent-Department of Social Justice, as drivers to cater to their travel requirements and that the said practi....
Appointments cannot be mandated if the appointing authority has valid reasons to not fill positions, even after directions, and must adhere to administrative regulations regarding vacancies.
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