JOICE ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are persons who are employed in the Agricultural/Fisheries Department in the State Government. They approached the Kerala Administrative Tribunal challenging their non inclusion in Schedule 1 to the Kerala Administrative Service (KAS) Rules, 2018. The contention urged on behalf of the applicants was that initially when a Sub Committee was formed, Agricultural and Fisheries Departments were included in Schedule 1 and later when the final draft was published, the said departments have been excluded from Schedule 1. The contention is that there is no rationale in classifying the departments specified under Schedule 1 and there is no reason why agricultural and fisheries departments were excluded from Schedule I.

(2.) Certain issues projected in respect of the very same Rules came up for consideration before us in a batch of cases (OP(KAT) No.71/2010 & conn.cases), which were decided on 14/7/2020. We have elaborately dealt with the provisions of the statute and the respective contentions of the parties in the said cases. Apparently, an issue projected by the petitioners in the present case has not been dealt with by us in the said batch of cases.

(3.) The factual aspects would disclose that the Government of Kerala intended to start a new service known as the Kerala Administrative Service for which the rules had been framed. The selection process consists of direct recruitment from three streams. Stream 1 relates to open category where candidates below the age of 32 are considered. Stream 2 concerns persons who are employed in various Government departments excluding gazetted officers coming under Schedule I. However the age limit was fixed at 40 years. Stream 3 consists of persons who are gazetted officers coming under Schedule I wherein the age limit had been fixed as 50 years. There is no dispute about the fact that persons who are employed in agricultural departments who are within the age limit specified under Streams 1 and 2 can as well participate in the selection process. The only concern projected by the applicants before the Tribunal was that since the agricultural and fisheries departments were excluded under Stream 3, persons who are above the age of 40 will not get an opportunity to participate in the selection process.