SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) One of the main points that arises for decision in these Writ Petitions is whether the persons included in the rank-list published by the Public Service Commission (for short "P.S.C.") for appointment to the post of Lower Primary School Assistant (for short "LPSA") (Malayalam) can claim the vacancies occupied by protected teachers. The petitioners in these Writ Petitions are persons included in the rank-list published by the P.S.C. for appointment to the post of LPSA (Malayalam) in Kollam district. The rank-list was published on 1.11.2006. It should have expired on 30.10.2009. But, because of the unification of the age of retirement of Government servants, the P.S.C. has extended its life and now the list expires only on 30.04.2010. These Writ Petitions are filed, mainly, praying to report all available vacancies, including those occupied by protected teachers, to the P.S.C.. They also claim that the vacancies set apart for inter-district transferees, when such transferees are not available, shall also be reported to the P.S.C.

(2.) This Writ Petition is treated as the main case for the purpose of referring to the exhibits. Ext.Pl is the aforementioned rank-list published by the P.S.C. on 1.11.2006. Exts.P5 and P6 are the lists of protected teachers presently working in Kollam district. Their total strength will come to 74. The petitioners pray, those vacancies may be reported to the P.S.C. forthwith. Though the petitioners would say that they may be given the vacancies set apart for inter-district transferees, when there are no such incumbents available for transfer, we find that in the Writ Petition their case is that inter-district transferees have been posted in excess of their quota.

(3.) The qualifications and method of appointment to the post of LPSA are governed by executive orders issued by the Government. As per the Government order G.O.(MS) No. 120/99/G.Edn. dated 25.5.1999,65% of the vacancies available in a district, which is the unit for appointment of LPSA's, has to be filled up by direct recruitment through the P.S.C. and the remaining 35% is set apart for inter-district transferees. In the said Government order, the Government have specifically stated which are the vacancies that should be reckoned for fixing the percentage for direct recruitment. The relevant portion of the said Government order reads as follows: