SUJITH T.G. Vs. STATE OF KERALA

JUDGEMENT

(1.) These Original petitions arise from a common order dated 14/2/2020 in OA (EKM) No. 23/2020 and connected cases.

(2.) The applicants before the Kerala Administrative Tribunal are employees of the Legislature Secretariat, Kerala Public Service Commission (KPSC), Advocate General's Office, Teachers of Higher Secondary School (HSST) and an employee of a Public Sector Undertaking. They have approached the Tribunal seeking a direction that they should also be permitted to participate in the selection being conducted to the cadre of Kerala Administrative Service (for short 'KAS').

(3.) The Kerala Administrative Service (KAS) Rules, 2018, (hereinafter referred as the '2018 Rules') framed under the Kerala Public Services Act, 1968, created the cadre of KAS. The strength at the entry level in the KAS was limited to 10% of the sanctioned strength of second gazetted post in the departments and equivalent post in the common categories of posts in the departments as specified in Schedule I to the 2018 Rules. There are three streams of selection, all by way of direct recruitment. Stream 1 is from qualified persons between the age of 21 years and 32 as on 1 st January of the year in which the applications are invited. Stream 2 is from among full members or approved probationers in any Government Departments excluding gazetted officers from the departments mentioned in Schedule I. The age limit for applying is between 21 years and 40 years. Stream 3 is from among persons who were first gazetted officers or above in the departments mentioned in Schedule 1, and not above 50 years of age as on 1 st January of the year in which the applications are invited. Item (3) in column 3 of Stream 3, further indicates the candidate 'must have satisfactorily completed probation in any cadre in Government or probation has not been declared in the current post even after the period of probation due to administrative delay, but against whom no major penalty has been imposed or proceedings for a major penalty or criminal proceedings is in progress'.