K.J.XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are Reserve Conductors in the 2nd respondent Corporation. They are challenging Ext.P6 and similar other memos issued by which their claim for rectifying the anomaly in the seniority position in Ext.P1 draft gradation list was rejected. Petitioners are candidates included in the rank list of Reserve Conductors published by the Public Service Commission (PSC), on 18 -05 -1992. The petitioners were temporarily appointed on 27 -04 -2000 and thereafter regularised in service during the year 2007. Claim of the petitioners is that they are eligible to be treated as regularly appointed conductors from the date of expiry of the rank list. On the basis of Exts.P2 and P3 judgments 1724 vacancies were directed to be filled up from the said rank list. The petitioners are claiming seniority over those persons appointed between 1996 -2007 under Dying -in -Harness scheme, and above persons regularised since 2001 and those persons who are special recruitees and Employment Exchange hands appointed during the said periods. Exhibit P2 is the judgment in a batch of cases filed by candidates included in the rank list dated 18 -05 -1992. In the said judgment KSRTC was directed to replace service of provisional and empanelled conductors with candidates included in the rank list. The PSC was directed to advice candidates in accordance with Rule 14 to 17 of the Kerala State and Subordinate Service Rules (KS & SSR). Exhibit P3 judgment arose out of a Contempt of Court case filed alleging non -implementation of Ext.P2 judgment. In Ext.P3 this court recorded the statement made by the 2nd respondent that there exist 1724 vacancies in the cadre of Reserve Conductors. Hence PSC was directed to advice 1724 candidates out of the rank list. The KSRTC was directed to appoint the candidates and to report 'Non -Joining Duty' vacancies before expiry of the list on 17 -05 -1996.

(2.) Contention of the petitioners is that KSRTC had failed in filling up the 1724 vacancies as directed in Ext.P3 judgment. According to the petitioners only 1665 vacancies were filled up, and 59 vacancies remained vacant. Petitioners claim that if all the 1724 vacancies would have been filled up, they would have got regular appointment at that time itself. On the said basis the petitioners claim seniority with effect from the date of expiry of the PSC list i.e., with effect from 17 -05 -1996. When Ext.P1 draft gradation list was published, the petitioners have approached the 2nd respondent seeking rectification of the anomaly in fixing the seniority position. But the request was rejected as evidenced from Ext.P6, stating the reason that the date of original advice of the petitioners is on 15 -10 -2007 when they were approved for regularisation and as such their seniority in the cadre can be reckoned only from that date in accordance with Rule 27 of the KS and SSR.

(3.) The KSRTC in their counter affidavit contended that rank list published on 18 -05 -1992 contained 3299 candidates in the main list and 1634 candidates in the supplementary list. Candidates included in the main list were appointed into regular service according to PSC advise dated 03 -04 -1996. The petitioners who were engaged as empanelled conductors on 27 -04 -2000 were only included in the supplementary list and they were not advised by PSC. Regular appointment of the petitioners were made only on the basis of the Government order cited above, issued with approval of PSC and the date of the said Government order is treated as the date of original advise of the petitioners, on the basis of Rule 27 of KS and SSR. As such candidates who entered in the service of the KSRTC prior to such date are seniors and the seniority now fixed through Ext.P1 is correct.