VINOD KUMAR Vs. KERALA STATE PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HEARD both sides.

(2.) THE case of the petitioner is as follows: The petitioner joined the service of the 1st respondent on 30.06.2002 as Reserve Conductor. On successful completion of 240 days duty, the petitioner has been re-designated as Conductor Gr-II. The 1st respondent invited applications to the post of Welfare Officer by transfer from qualified employees. The petitioner was recruited by the 1st respondent as Welfare Officer on 12.05.2011. He has been issued with Ext.P2 show cause notice stating that since the petitioner does not satisfy the required seven years of regular service, the advise memo issued to him shall stand cancelled. Thereafter, he was issued with Ext.P5 order cancelling the advice. The contention of the petitioner is that the said 240 days duty period irrespective of the length of the spell is accounted as one year service by the 2nd respondent for all intents and purposes. The further contention of the petitioner is that the same should be counted towards the length of service as has been held by the Full Bench of this Court in 2009(3) KHC 891 (FB) - DTO, KSRTC v. S. KUNCHAN, the relevant portions of which reads as follows:-

(3.) THE Corporation is incorporated under the Road Transport Corporations Act. Undisputedly, it is an instrumentality of the State. The service in the Corporation will have to be treated as public service. Selection preceding appointment to the various posts in the Corporation is done by the Commission. When a vacancy arises, the Corporation notifies the vacancy to the Commission, which conducts a selection wherein all eligible candidates have an equal opportunity to participate and aspire for appointment. The Commission undertakes the selection when vacancies are notified and it is advisable to embark upon the processed selection against a certain number of vacancies. The Commission draws up a rank listand depending upon the number of vacancies which are reported and therefore available to be filled up, the Commission advises persons, who have been included in the list. The appointing authority is bound to act only as per the advice of the Commission. This, in broad terms, is the scheme for effecting regular appointments in the Road Transport Corporation.