A DAVOOD KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE writ petitions arise out of the same facts; and they seek the same reliefs. Hence they have been heard jointly, and are being disposed of by this common judgment. The documents produced in both the cases are more or less the same; and I shall be referring in this judgment to the exhibits in O. P. 3607 of 1969.

(2.) THE Transport Department of Travancore Cochin recruited a large number of conductors in 1952, on the advice of the Public Service Commission. The petitioners in these cases, and respondents 1 to 4 in O. P. No. 3997 of 1969 were included in the advice list of the Commission. Respondent No. 4 in both cases is the same. Pursuant to the advice, the petitioners were appointed, but the said respondents were refused appointment, though they had higher ranks than the petitioner, in view of adverse police reports about them. However, these respondents were again advised for appointment by the Commission a few years later, and they were appointed on the basis of the said advices. Respondents 1 and 2 were appointed in 1958, while the third respondent was appointed in 1960 and the fourth respondent was appointed in 1956.

(3.) THE Kerala State Road Transport Corporation (hereinafter referred to as the Corporation) was established with effect from 15-3-1965, by the State Government in exercise of its power under Section 3 of the Road Transport Corporation Act, 1950 (hereinafter referred to as the Act ). The existing transport undertaking of the State Transport Department, along with all persons employed in the said department, was transferred to the Corporation with effect from 1-4-1965. Accordingly, the services of the petitioners and respondents 1 to 4 in O. P. No. 3997 stood transferred to the Corporation. Section34 of the Act empowers the Government to give general instructions to the Corporation after consultation with it regarding recruitment, conditions of service and training of its employees, etc. The Corporation is bound to follow them. The Government have accordingly given instructions as per Notification No. 4936/tc4/65/pw, dated 22nd March, 1965. Section 45 of the Act empowers the Corporation to make regulations for the administration of the affairs of the Corporation, and in particular for the matters enumerated therein. One of them is conditions of appointment and service and the scales of pay of its officers and servants. Instruction No. 8 provides that all rules made and all orders and notifications issued by the State Government applicable to the State Transport Undertaking immediately before it was taken over by the Corporation shall continue in force as if they had been made or issued by the appropriate authority under the Act or the Rules thereunder, until they are altered or repealed by the competent authority. Accordingly, the Kerala State and Subordinate Services Rules, 1958. (hereinafter referred to as the State Service Rules) became applicable to the Corporation. Instructions Nos. 11 and 12 read: 11. The Corporation shall guarantee continued employment to all such personnel as are transferred for service under the Corporation, under the same terms and conditions of service as were applicable to them under Government immediately before such transfer.