Compassionate appointments must be accounted for and deducted before applying the recruitment quota in a ratio-based hiring system.

JUDGMENT

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Dated this the 15th day of February, 2021

1. W.P.(C).No.27057 of 2019 is filed by persons selected by the 1st respondent University for appointment to the post of Class IV employees by direct recruitment. It is stated that on 14.8.2008, a notification was issued by the 1st respondent University for selection to the post of Class IV employees. Exhibit P1 ranked list was prepared thereafter after 11 years. A decision was taken to effect appointments to the existing vacancies of Class IV employees from the ranked list. It is submitted by the learned counsel for the petitioners that the petitioners are included in Exhibit P1 ranked list and that they are eligible to be appointed against 50% of the vacancies of Class IV employees in the University. It is stated that the method of appointment of Class IV employees is 50% by direct recruitment and 50% by appointment from among the permanent labourers and plantation workers under the University. It is submitted that the dispute is only with regard to working out the quota as against the existing posts. It is submitted that the cadre strength of Class IV employees in the Kerala Agricultural University is 271. It is stated that if that be so, 50% of those vacancies are liable to be filled up from Exhibit P1 ranked list.

2. The contention in W.P.(C).No.18813 of 2020 is that the petitioners, who are casual workers in Agricultural farms under the 1st respondent and have undergone a due process of selection, are eligible for appointment against 50% of the vacancies.

3. A counter affidavit has been placed on record by the Kerala Agricultural University. It is admitted therein that the cadre strength of the Class IV employees in the University is 271. it is contended that 36 appointments have been made under the die-in-harness scheme. The Government had specifically ordered that the said compassionate appointments are to be adjusted as against the direct recruitment quota. It is, therefore, contended that deducting the 36 die-in-harness appointments from the direct recruitment quota there will only be 99 vacancies to be filled up by direct recruitment and the remaining are to be filled up by permanent workers and plantation workers under the University.

4. I have considered the contentions advanced on all sides. The learned counsel for the petitioners in W.P.(C).No. 27057/2019 would contend that where a quota is ear-marked for appointment from two categories, it has to be applied as against the cadre strength as available in the establishment. It is stated that Exhibit P11, which is the order promulgating the scheme for compassionate appointment in the Government has been considered by this Court in Exhibit P12 judgment and it has been clearly held that even if the order states that the quota for compassionate appointment has to be carved out from the seats available for direct recruitment, such modus operandi would be impossible in the light of the decision of a Full Bench of this Court inState of Kerala v. Sreekantan [ 1993 (1) KLT 107 ]. The Full Bench had categorically held that where there is a quota fixed for two methods of appointment, special recruitment, sports quota and compassionate appointments are to be first carried out and it is to the remaining number of posts that the ratio is to be applied. It was, therefore, held that the number of the special recruits or appointees under the dying-in-harness scheme as also sports quota recruits would have to be deducted from the total number of posts so as to determine the number of posts available and quota has to be applied against such balance number of posts. If that be so, the 36 compassionate appointments have to be deducted from the 271 vacancies available in the University and the 1:1 quota between direct recruits and labourers has to be operated against the 235 posts. If that be so, 117 posts are liable to be filled up by direct recruits from Exhibit P1 list and 116 from the list for the promotee