K.RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS in both these cases are empanelled employees of the Kerala State Road Transport Corporation. Their requests for regularisation in service were rejected through Ext.P4 order for the reason that the petitioners were not having 10 years service with 120 duties per year as on 21.12.2011. In G.O.(MS) 78/2011/Tran. dated 22.12.2011 (hereinafter referred as G.O. 78/2011) the Government, while considering proposal submitted by K.S.R.T.C. for regularising a total number of 2474 provisional employees, held that service of provisional employees in the categories of Driver, Conductor or Mechanical Staff who have completed 10 years of service as on 21.12.2011 can be regularised, subject to fulfillment of requisite eligibility. The proposal submitted by K.S.R.T.C. was to regularise persons having 8 years service with 120 duties per year. But while issuing G.O. 78/2011 Government have not insisted upon for 120 duties per year. But it is specified that employees who have completed 10 years service as on 21.12.2011, alone will be eligible for regularisation.

(2.) CONTENTION of the petitioners in these cases is that they have completed 10 years of provisional service as on 21.12.2011. Therefore denial of regularisation on the basis that they are lacking 120 duties per year in order to satisfy 10 years provisional service cannot be sustained. Learned counsel for the petitioners have produced for my perusal a letter issued by the Additional Chief Secretary to Government, Transport Department, to the Chairman and Managing Director of K.S.R.T.C. It is clarified therein that in G.O 78/2011 the Government have not mentioned the number of provisional employees eligible for regularisation. Therefore it was informed that regularisation of 435 candidates proposed by K.S.R.T.C. can be considered by the Chairman and Managing Director, if they are found satisfying all criteria stipulated. Even in the said letter it is not clarified as to whether K.S.R.T.C. can insist upon 120 duties per year with respect to candidates who have 10 years service as on 21.12.2011.

(3.) LEARNED standing counsel for K.S.R.T.C. submitted that, eventhough the proposal was to regularise persons having 8 years service with 120 duties per year, the Government while issuing G.O. 78/2011 had insisted only for 10 years service as on 21.12.2011. It is submitted that in computing eligible provisional service it is necessary to insist for a minimum number of duties per year. Under such circumstances, the K.S.R.T.C. had already sought clarification from the Government with respect to the criteria to be adopted, and is awaiting for such clarification.