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.

JUDGMENT

Dated this the 18^th day of December, 2025 Syam Kumar V.M., J This Writ Appeal is filed challenging the judgment dated 25.07.2024 of the learned Single Judge in W.P.(C) No.17663 of 2022. Appellants 1 to 3 were the petitioners in the W.P.(C).

2. Appellants are rank holders in Ext.P2 Ranklist pertaining to the post of Lower Division Clerk (LDC) in the 1st respondent Kerala State Beverages (M&M) Corporation Ltd. (BEVCO). Appellants had in the W.P.(C) contended that BEVCO had failed to discharge its statutory duty to report vacancies to the Public Service Commission (PSC) and, had disregarding earlier precedents laid down by this Court, deliberately chosen not to report to the PSC the vacant LDC posts, which were being filled by temporary or daily-wage employees. Terming that the said non reporting by BEVCO, which is a State instrumentality, is violative of the fundamental rights guaranteed to them, they had filed the W.P.(C). The following reliefs were sought in the W.P.(C):

“i. Declare that the non reporting of vacancies to the posts, manned by temporary/daily wage employees for more than one year continuously which are 498 in number, by 1^st Respondent is a fraud on Constitution of India, Statute ( Section 3 of the Public Service Commission (Additional Functions as respect certain Corporations and Companies) Act, 1970 & Rule 2A of the Kerala Public Service Commission (Consultation by Corporations and Companies) Rules, 1971 ) and this Hon'ble Court (by violation of Exhibits P8 & P9 reported decisions); and further ii. Declare that reporting of vacancies is permissible after the expiry of Rank List, in the event of illegal, fraudulent non-reporting of the vacancies by the State or its instrumentality; and iii. Issue a writ, order or direction in the nature of mandamus commanding the 1^st Respondent to report all posts, manned by temporary employees for more than one year continuously which are 498 in number as vacancies to the 2^nd Respondent as the vacancies due to the Rank-holders of Exhibit P2 Ranklist, within a time frame to be stipulated by this Hon'ble Court;

and iv. Issue a writ, order or direction in the nature of mandamus commanding the 2^nd Respondent PSC to issue consequential advice to the 498 number of vacancies reported by the 1^st respondent in favour of the petitioners and the rank holders of Ext.P2 ranklist, in accordance with law ; and v. Pass such any other direction, order or reliefs as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience.”

3. The learned Single Judge dismissed the W.P.(C) inter alia holding that only a post borne in the cadre can be reported to the PSC for advice from the ranked list. As far as non-cadre posts are concerned, since they vanish, they cannot be termed or treated as cadre posts. It was held that the appellants, who were rank holders in Ext.P2 ranked list can only aspire for appointment to a regular cadre post, and since the posts mentioned by them are retained as non-cadre to accommodate a special category of abkari workers, even if the said posts become vacant, the same cannot be reported to the PSC. Aggrieved by the said judgment, this Writ Appeal has been filed.

4. Heard Sri.S.Sabarinadh, Advocate for the appellants, Sri.Naveen T., Advocate for the 1^st respondent and Sri.P.C.Sasidharan, Advocate for the 2^nd respondent.

5. The learned counsel for the appellants submits that the impugned judgment is erroneous and unsustainable in law. It is contended that the learned Single Judge had overlooked the fact that respondent No.2 is attempting to protect the temporary hands who, according to the learned coun