STATE OF KERALA Vs. JYOTHI S S

JUDGEMENT

(1.) Writ Appeal No. 105 of 2001 is filed by State of Kerala represented by its Chief Secretary and another against the Judgment in O.P. No. 20042 of 1998. Issue involved in these cases is identical and hence we are disposing of all these cases by common Judgment.

(2.) Government of Kerala by letter No. 9516 / Adv. C1/92 / P and ARD, dated 17th March 1998 wrote to all Heads of Departments, Chief Executives and Public Sector Undertakings, Companies and Corporations and District Collectors to furnish category wise details of all provisional (temporary) hands (including those on daily wages and on contract appointments and part time employees) who have been appointed in public services (including Public Sector Undertakings) upto 1st January 1994 and who have completed a minimum period of three years service as on 1st January 1997 and are continuing in service subject to the following conditions:

(3.) The writ petition was preferred by a person who had written the test conducted by the Public Service Commission for appointment to the post of Laboratory Technician contending that the above mentioned orders would adversely affect her rights for getting public employment through Public Service Commission. According to her, if such temporary appointments are regularised equality of opportunity as enshrined in Art.14 and 16 of the Constitution of India for public employment would be violated. According to her as per Art.320 of the Constitution of India it is mandatory for any appointing authority or Government to consult the Public Service Commission to effect substantive appointments to the civil service.