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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., J.
Kiran K.S., S/o. Sukumaran K. & Ors. - Petitioners
Versus
Kerala State Electricity Board Limited an Ors. - Respondents
WP(C) No. 11474 of 2023
Decided On : 22-11-2023
Vacancies - Assistant Engineer (Civil) - Ext.P14, Ext.P2, Ext.P6, Ext.P8, Ext.P18 - The court discussed the non-reporting of 36 Assistant Engineer (Civil) vacancies out of a total of 131 sanctioned posts. The respondents argued that due to recent developments in the State of Kerala, initiating new projects, predominantly hydropower-related, has become highly challenging. The company, in consideration of the State's best interests, is implementing comprehensive restructuring across various departments, particularly in the Civil stream. The court referred to various legal principles and held that the justifications offered by the respondents are bona fide and reasonable. The decision not to recruit new personnel until an extensive restructuring is done was found to be non-arbitrary and reasonable. The court dismissed the petition.
Fact of the Case:
The petitioners were included in the ranked list for the Assistant Engineer (Civil) post in the Kerala State Electricity Board Ltd. They sought reliefs including quashing of Ext. P8, mandamus to report vacancies, and mandamus to issue appointment orders.
Finding of the Court:
The court found that the decision not to recruit new personnel until an extensive restructuring is done was non-arbitrary and reasonable. The court dismissed the petition.
Issues: The non-reporting of 36 Assistant Engineer (Civil) vacancies out of a total of 131 sanctioned posts, and the petitioners' entitlement to the reliefs sought.
Ratio Decidendi: The court held that the decision not to recruit new personnel until an extensive restructuring is done was non-arbitrary and reasonable. The court referred to various legal principles and held that the justifications offered by the respondents are bona fide and reasonable.
Final Decision: The petition was dismissed.
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 :
(b) According to the petitioners, Ext.P6 has been issued by the KSEBL for reporting vacancies of AE (Civil) under 40% direct recruitment quota and 10% in service quota. Relying on Ext.P6, it is contended that 131 is the cadre strength for the 40% direct recruitment quota. The petitioners assert that there are 36 vacancies out of 131 sanctioned posts, which are not reported by the 1st respondent. The reasons stated in Ext.P8 issued by the Chief Engineer, HR Management is that extensive restructuring measures are being carried out in all departments, including the civil department.
(c) The petitioners assert that orders have been issued for promotion to the cadre of AE (Civil) in the 30% Diploma quota, 20% in the ITI quota, and 75% in the Graduate quota.
(d) It is further contended that the Government has issued Ext.P14 Circular ordering the 1st respondent to report the anticipated vacancies. Their grievance is that Ext. P14 Circular is not being complied with by the KSEBL.
(e) Pursuant to Ext. P14, the Power (A) Department had directed the KSEBL to report all anticipated vacancies in 2023 to the 4th respondent and also to make information on vacancies available to the Government. However, the KSEBL did not comply with the directions.
(f) The petitioners assert that highlighting their grievances, Ext.P18 representation was submitted before the 3rd respondent. However, no action has been taken. It is in the afore circumstances that this Writ petition is filed seeking the following reliefs:
(i) To issue a writ of certiorari quashing Ext. P8 as unjust, illegal, arbitrary and unsustainable;
(ii) To issue a writ of mandamus directing the 1s respondent to report all the substantive vacancies including the 36 vacancies in the post of Assistant Engineer (Civil) in the Kerala State Electricity Board Ltd to the 4" respondent, before the expiry of Exhibit P1 ranked list;
(iii) To issue a writ of mandamus directing the 4th respondent to issue advise memos to all the 36 vacancies from Exhibit P1 ranked list for the post of Assistant Engineer (Civil) in the Kerala State Electricity Board Ltd;
(iv) To issue a writ of mandamus directing the 1s respondent to issue appointment orders to the petitioners to the post of Assistant Engineer (Civil) in the Kerala State Electricity Board Ltd;
3. A counter affidavit has been filed by respondents 1 to 3, wherein it is stated that the cadre strength of Assistant Engineer (Civil) was established in the year 2006 as part of the restructuring initiative at that time. Significant changes have occurred in the power generation landscape within the State, primarily due to growing concerns surrounding environmental impacts. Consequently, new projects in thi
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 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.
The supervisory jurisdiction under Article 227 cannot alter findings of lower tribunals without clear manifest errors, particularly regarding vacancy reporting tied to expired lists.
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