PRASAD MANAPPATTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The original petition has been filed challenging the order dated 22.01.2020 in O.A.No.2182/2019. The petitioner, who is a differently abled person, has applied for the post of last grade servant in various departments. The Kerala Public Service Commission had prepared the rank list, which admittedly expired in the year 2015. Another person had filed an earlier original application as O.A.No.2751/2013 seeking for a direction that her claim ought to be considered during the pendency of the rank list. However, the said original application was closed since the rank list had expired on 26.01.2015 and further relief could not be granted. The applicant in this case was given an opportunity to file a representation and the Government was directed to consider the same as per Rule 39 Part II KS & SSR. The said representation was rejected by way Annexure-A5 order. It was, inter alia, held that 3% reservation is being granted and appointment to the above vacancies have been entrusted to the KPSC with effect from 2008. Prior to those appointments, the backlog vacancies were reported from the departments concerned. The Tribunal after a detailed consideration of the matter observed that insofar as there is no discrimination on the part of the Government while issuing Annexure A5 order, interference is not warranted.

(2.) The counsel for the appellant raised two specific contentions; one is that the backlog vacancies could not be filled up and secondly, the justification mentioned in Annexure-A5 is without any basis.

(3.) In Annexure-A7 order, issued by the Government, it is inter alia stated that backlog vacancies from 01.01.2004 to 31.12.2007 in respect of the differently abled persons had been entrusted to KPSC as per Government order dated 24.01.2011. Therefore, if at all there are any backlog vacancies, it is a matter to be considered by the KPSC and a special recruitment has to be taken for that purpose. The petitioner cannot have any grievance in that regard. In Annexure-A5 the Government had only stated that the petitioner cannot be given any employment based on the rank list, which had already expired. It is also stated that the vacancies from 01.01.2004 to 31.12.2007 could have been verified and on the concerned departments reporting such vacancies, supernumerary posts have been created and reported to the KPSC and which had been done on the basis of special recruitment. It is trite that all backlog vacancies cannot be filled up within a specified time frame. The Government will have to take appropriate steps on the specifications mentioned in Annexures-A5 and A7. In such circumstances, we do not find any reason to interefere with the order of the Tribunal in exercise of the jurisdiction vested under Article 227 of the Constitution of India. The Original petition fails and it is dismissed.