Back
A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
Binumon K. P. , S/o. Purushan K. V. – Appellant
Versus
Kerala Public Service Commission, Represented By The Secretary, Kerala Public Service Commission – Respondent
JUDGMENT :
(P. Krishna Kumar, J.)
The petitioner challenges the order passed by the Kerala Administrative Tribunal in O.A.No. 45 of 2021, in which the Tribunal rejected the petitioner's claim that he is entitled to be included in Annexure A6, the ranked list prepared by the Kerala Public Service Commission/first respondent, for the post of Lower Division Typist, through by transfer method.
2. While working as Driver Grade II (HG) in the Block Development Office, the petitioner applied for the post of L.D.Typist (recruitment by transfer) in various departments, pursuant to the gazette notification published on 29/12/2018. As per the notification, applications were invited from low-paid employees in the Kerala Government Subordinate Service for appointment to the above post. The scale of pay for the post was Rs.19000-43600. At the time of submission of application, as it appears from Annexure A3 service certificate issued in favour of the petitioner, his scale of pay was Rs.18000-41500. As per Annexure A1 notification, the last date to apply was 30/01/2019.
3. The petitioner was excluded from Annexure A6 ranked list for the reason (as explained in Annexure A7) that he was not eligible f
Eligibility for recruitment by transfer must be maintained until appointment is finalized, disqualifying candidates with higher pay scales.
Rule 3(g) of Tamil Nadu Ministerial Service Rules interpreted disjunctively; satisfaction of either limb (no promotional avenues or lower pay) suffices for recruitment by transfer.
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 ....
Point of law : Appointment – Conduct of test - Absence of any specific mention of a descriptive test - Test conducted for the purposes of assessing the drafting and precis writing skills – Held, cand....
Eligibility for limited direct recruitment under promotion rules strictly per cut-off date in advertisement/rules; part-time/contingent services not countable unless specified; mere test qualificatio....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
