REJI S.R Vs. STATE OF KERALA

JUDGEMENT

(1.) These Original Petitions have been filed challenging common order dated 17/7/2020 in OA(Ekm) Nos. 3051/2017 and 1834/2018. The Original Applications were preferred by candidates who were included in a ranked list published by Kerala Public Service Commission (KPSC) for the post of Junior Co- operative Inspector in the Co-operation Department. The ranked list came into force on 17/8/2015 and it expired on 16/8/2018. The Original Applications were filed prior to the expiry of the ranked list inter alia contending that several substantive vacancies are not being reported. Certain interim orders were passed during the pendency of the OAs and direction was issued to provisionally report 153 vacancies of Junior Co-operative Inspector. 9 vacancies were advised by the KPSC and the remaining 144 has not been advised so far. By yet another interim order, direction was issued to provisionally report 14 vacancies. In addition to that, it was contended that there were 110 substantive vacancies in the department. Since the ranked list had expired, the question that had arisen for consideration was whether direction could be issued to KPSC to advice 144 vacancies that were provisionally reported. The respondents took up a contention that 915 appointments were made from the ranked list and 189 posts were filled up through by transfer appointment in between 17/8/2015 and 16/8/2018. According to the department, the cadre strength was 1219. Since there was some controversy regarding the cadre strength, the department was made to file a statement clarifying the position regarding the cadre strength. The department filed an affidavit inter alia stating that the total number of Junior Inspectors/Auditors as on 16/8/2018 is 1219, out of which 915 candidates were advised from the ranked list. 189 employees were granted by transfer appointment during the aforesaid period. Thus a total of 1104 candidates were appointed during the validity of the ranked list. Remaining vacancies were held by those Junior Inspectors/Auditors who were appointed prior to 17/8/2015 and the total number of persons working was 1423. The applicants took up a contention that only 865 persons were appointed from the ranked list and adding the 253 existing Junior Inspectors, the total would come to 1118 and when the cadre strength is 1219, 101 vacancies were available for advice and appointment. Therefore, they took up a contention that from among the 144 provisionally reported vacancies, 101 vacancies should be advised. The department's contention was that in addition to 1104 appointments made during the currency of the ranked list, 303 persons were already working. Therefore, the Junior Inspectors/Auditors were in excess of the cadre strength of 1219. The department also clarified that regular sanctioned strength of Junior Inspectors/Auditors, Senior Inspectors/Auditors and Special Grade Inspectors/Auditors in the Co-operative department is 1065. A ratio of 1:1 exists between Junior Inspectors/Auditors and Senior Inspectors/Auditors. 33% of the total strength of Senior Inspectors/Auditors is nominated as Special Grade Inspectors/Auditors. There are 1065 regular posts, out of which, 574 posts are that of Junior Inspectors/Auditors and in addition to the said regular posts, 645 ex-cadre posts of Junior Inspectors are created for the above period. The ex-cadre posts are created on the basis of requisition from various Co-operative Societies under Rules 144 and 156 of Part I KSR. Therefore, the cadre strength of Junior Inspectors/Auditors is 574 + 645 (ex-cadre posts), which totals to 1219. The Tribunal found that when the Government Departments have clarified the cadre strength of Junior Inspectors/Auditors to be 1219 and already the cadre strength had been filled up, it cannot direct the KPSC to advice 101 candidates from the ranked list from among those vacancies which were provisionally reported based on interim directions.

(2.) The main contention urged by the learned counsel appearing for the petitioners is regarding the disparity in the numbers given by Government from time to time. It is contended that on the basis of Annexure A12, it is rather clear that there were 166 retirement vacancies and the department had concealed the said vacancies in order to ensure that the vacancies which are reported as per the interim direction of the Tribunal are not complied with. Learned counsel also made mention about the disparity in the affidavits filed on behalf of the department. On the basis of the submissions of the department, according to the petitioners, 1423 persons were working in the said department. But, it is contended that only 1334 persons are included in Ext.P13 seniority list. It is also pointed out that there is substantial discrepancy in the details furnished by the department relating to the number of persons appointed from the ranked list. Reference is made to Exts.P10, P12, P13, P14 and Annexure R1(a). It is further pointed out that according to the department, 915 persons were advised from the present ranked list and 189 persons were appointed by way of promotion, which totals to 1104, whereas from Ext.P13, it could be seen that, only 1022 persons are available in the seniority list. With reference to the cadre strength also, there is no consistency and different numbers were given at different points of time is the submission.

(3.) On the other hand, learned Senior Government Pleader while supporting the order passed by the Tribunal contended that regular posts of Junior Co-operative Inspector/Auditor is only 574. 645 ex-cadre posts of Junior Inspector/Auditor was available as on 16/8/2018 and the total sanctioned cadre strength including the ex-cadre posts was 1219. 935 vacancies were reported to KPSC. 72 vacancies were NJD and 20 vacancies are still pending with KPSC as "no candidate available" under various reserved quota. Therefore, the total number of persons appointed from the ranked list is 843. 189 persons were promoted by appointment by transfer. Thus the total appointments made were 1032. 303 officers were available in the department who were appointed from the previous ranked list, thus making a total of 1335 and even now, there is an excess of 116 Junior Co-operative Inspectors/Auditors.