JYOTHI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has approached this court challenging Exits. PI and P2 circulars. Ext. P2 circular dated 9.3.95 directed all appointing authorities not to terminate the temporary appointees under R.9(a)(i) of the General Rule in KS & SSR in service as on 13.1.1995. The intention as is revealed by Ext. P2 is to consider the question of regularisation of the provisional employees.

(2.) EX .PI is a circular dated 17.3.1998 again issued by the Govt., as is revealed from it, for collecting certain details of temporary appointees in the Govt, service as well as in the service of the Public Sector undertakings up to 1.1.1994 and who have completed 3 years service for the purpose of regularisation in service. When such temporary appointees are regularised in service, the equality of opportunity as enshrined in Art.16 of the Constitution of India for public employment, to the persons at large who are unemployed will be defeated. Temporary employees are appointed mainly through employment exchange depending upon seniority of registration and not based on suitability or rendering opportunity to all the qualified hands. In such circumstances persons who could accidentally get some temporary employment and could continue because of some concessions made by the appointing authorities or the Govt., cannot be allowed to cash out that temporary/casual appointment to permanent appointment in civil service, defeating the equality of opportunity guaranteed in Part III of the Constitution to others possessing equal or more qualification suitability and entitlement than such temporary appointees.

(3.) AS per the Kerala Public Service Commission (Consultation) Regulations it is mandatory that the State Govt, and appointing authorities shall consult that constitutional body before making appointment to Public Service. R.3 of the General Rules in the KS&SSR makes it clear that;