SINDHU Vs. STATE OF KERALA

JUDGEMENT

(1.) Pursuant to Ext. P1 notification inviting applications for appointment to various posts under the Kerala State Pollution Control Board, the petitioners were ranked Nos. 1, 2, 4 and 5 respectively for appointment as Asst. Engineers vide Ext. P2 rank list. Subsequently, they were appointed on a provisional basis as Assistant Engineers. This was done pursuant to Ext. P3 letter from the Government stating that in view of the decision taken by the Government in December, 1987 to entrust the recruitment to various posts in the Board to the Public Service Commission, the permission granted by the Government earlier on 16.4.1994 to fill up the posts in the Board was withdrawn, and that the vacancies can be provisionally filled up by deputation in the case of compelling need the refer. The prayer is to direct the Board to put into effect Ext. P2 rank list and to declare that the rank list is still in force.

(2.) During hearing today, the learned counsel for the petitioners, Sri. T. P. Kelu Nambiar, submitted that in view of the subsequent event of granting provisional appointment to the petitioners, and in the absence of any enactment passed by the State Legislature, handing over the responsibility for making recruitment to the posts under the Board to the Kerala Public Service Commission, the relief that is now necessary is to direct the Board to make the appointments given to the rank holders regular with retrospective effects.

(3.) I have heard the learned counsel appearing for the Kerala State Pollution Control Board, as also the learned Government Pleader appearing for respondents 1 and 2.