IMPORTANT POINT
The appointing authority has discretion to not fill vacancies for valid reasons, even with a valid rank list, and must comply with statutory rules for cadre strength fixation.

JUDGMENT :

P.Krishna Kumar, J.

The candidates included in the rank list for appointment in the Kerala Administrative Service (KAS) Junior Time Scale (Trainees) approached the Kerala Administrative Tribunal inter alia challenging Annexure A3 Government Order dated 06.02.2021 by which the cadre strength of KAS Officers (Junior Time Scale) was fixed at 105 by the Government. According to the candidates, the fixation of the cadre strength at 105 is in violation of the Kerala Administrative Service (KAS) Rules, 2018 (hereinafter referred to as ‘the KAS Rules’) and the actual figure is much higher.

2. By the impugned common order dated 13.10.2013, the Tribunal directed the Government to redetermine the cadre strength as on 01.10.2022 in accordance with the provisions contained in Rule 4 read with Rule 18 of the KAS Rules. The Tribunal further directed that the Government shall take steps to make appointments for the remaining vacancies as against the vacancies already reported to the Public Service Commission (PSC) pursuant to the interim direction of the Tribunal. Later, the Tribunal disposed of certain other similar applications based on the said impugned order. The above original petitions are preferred by the Government and the PSC against the said orders. As the matters to be determined in all these cases are closely connected, they are disposed of by this common judgment. For the sake of convenience, O.P.(KAT)No.14/2024 is considered as the leading case, in the following discussion.

3. On 01.11.2019, PSC invited applications for filling up ‘anticipated vacancies’ in the above post, as per Annexure A20 notification. Later, the PSC published Annexure A21 rank list with effect from 08.10.2021. The rank list was valid for one year.

4. A total number of 1258 posts were included in Table I of Schedule II in the KAS Rules. However, as per the Kerala Administrative Service (KAS) Amendment Rules, 2019 (‘Amendment Rules, 2019’, for short), the Government reduced the number of posts in the said Schedule to 1206. As per the Explanatory Note to the Amendment Rules, 2019 the said amendment was made to exclude certain posts that were inadvertently included in the KAS Rules. Later, the Government fixed the cadre strength of the KAS entry level at 105, which is under challenge before us.

5. We have heard the learned Standing Counsel for the Public Service Commission, the learned Senior Government Pleader and the learned counsel appearing for the party respondents.

6. Since the prime question involved in these cases concerns the actual cadre strength of the entry-level KAS post, it is appropriate to first examine the relevant rules. Rule 4 of the KAS Rules outlines the method of calculation of cadre strength. It reads :

“4. Cadre Strength:

(a) Entry Level: The cadre strength at the entry level in KAS shall be limited to 10% of the sanctioned strength of 2nd gazetted post in the departments and equivalent post in the common categories of posts in all departments as specified in Schedule I.

The 10% Gazetted posts so set apart shall include higher grade posts and posts on account of ratio promotions also.

Common category posts shall include the post of Administrative Officer, Administrative Assistant, Accounts Officer, Financial Assistant and posts earmarked for by transfer appointment through KPSC in the cadre of Financial Assistant.

(b) Senior Levels: Ten percent of all promotion posts in the promotion posts for the 2nd Gazetted Posts onwards in the Departments in Schedule I and promotion posts for the equivalent common categories of posts onwards in all departments that are specified in Schedule I, shall be set apart for promotions for officers in the KAS.

(c) Total Cadre Strength: The cadre strength of the KAS shall be computed as the sum of the posts of entry level and senior levels specified in Sub-Rule (a) and (b) above.

(d) Quinquennial Review of Cadre Strength: The review of cadre strength of the KAS shall be done once in five years or as and when deci