Ext.P12 cannot override the Government Order Ext.P2 regarding appointment procedures for Last Grade Employees.

JUDGMENT

The petitioners are admittedly employed as Last Grade Employees in the 2^nd respondent, the Kerala State Housing Board. The Government came out with Ext.P2 Government Order dated 03.01.2014, holding that by - transfer appointment requires to be considered on the basis of qualification as well as seniority after the completion of probation in the lower posts like that the petitioners' grade. The petitioners state that on the basis of the Government Order at Ext.P2, the petitioners are also entitled for by – transfer appointment to higher posts. It is not in dispute that Ext.P2 requires to be adopted by the Public Sector Undertakings in the State of Kerala, like the 2^nd respondent herein. The petitioners point out that by Exts.P4, P5, P6 and P15, various Public Sector Undertakings in the State, like the Kerala Toddy Workers Welfare Fund Board and the Kerala State Electricity Board etc., have decided to adopt the Government Order at Ext.P2. However, when the petitioners sought for similar consideration on the basis of Ext.P2, the 2^nd respondent has informed the 1^st petitioner through Ext.P12 that as regards the appointment to the post of Assistant Grade II in the 2^nd respondent, the candidate require to appear in the eligibility test to be conducted by the Public Sector Undertaking and obtain at least 40% mark. It is seeking to challenge Ext.P12 order issued as above, as well as seeking the implementation of the Government Order at Ext.P2 that the petitioners are before this Court.

2. Heard Sri. Gopakumar R. Thaliyal, learned counsel for the petitioners, Sri. K.P. Madhu, learned counsel for the 2^nd respondent, as well as Smt. Sylaja S.L., learned Government Pleader.

3. There cannot be any dispute that the Government has taken the decision at Ext.P2 to extend certain benefits to the Last Grade Employees like the petitioners herein. However, Ext.P2 decision requires to be adopted by the Public Sector Undertakings. This Court also notices that various Public Sector Undertakings in the State, as noticed earlier, have already adopted the order at Ext.P2. Similarly, the matter has been considered by this Court with reference to the Kerala State Financial Enterprises Limited, directing the matter to be considered at the hands of the KSFE and the Government and to pass appropriate orders thereon.

4. I am of the opinion that the order at Ext.P12, having been issued without taking into account the contents of the Government Order at Ext.P2, cannot be sustained. Therefore, Ext.P12 would stand set aside.

5. There will be a direction to the 2^nd respondent as well as the Government to take note of Ext.P2 and to decide to adopt the contents of Ext.P2 with respect to the service conditions in the 2^nd respondent as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. While passing Orders as above, needless to say that the Government would also to take note of the principles laid down by this Court in Ext.P7 judgment dated 01.07.2019 in W.P.(C) No. 5050/2019.

This writ petition would stand disposed of as above.

Sd/-