AHAMMED SHAFI.H. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed seeking a declaration that Rule 2 and the Annexure prescribed in Ext. P2 Rules as against Sl. No. 1A to the post of Junior Manager is unreasonable, unworkable, discriminatory, unconstitutional and violative of Article 14 of the Constitution of India, to restrain the respondents from enforcing the said provision against Junior Managers' post, prescribing deputation of Assistant Taluk Supply Officers and for a direction to fill up the post of Junior Manager from Ext. P1 rank list by direct recruitment, in the absence of qualified Assistant Taluk Supply Officers in Civil Supplies Department by deputation.

(2.) THE facts involved in the case would disclose that the method of appointment to the post of Junior Manager (General) in Kerala State Civil Supplies Corporation (for short 'the Corporation') has to be in accordance with Kerala State Civil Supplies Corporation Recruitment/Promotion Rules, 1997, which is produced as Ext. P2. The concern in this writ petition is with reference to filling up the post of Junior Manager (General), which is to be made in accordance with Rule 2 of Ext. P2 Rules. Sl. No. 1A in the Annexure to Rule 2 reads as under:

(3.) THE contention of the petitioners is that the aforesaid Rule is arbitrary, unreasonable and unworkable as it makes a provision prescribing reservation to only 10% of the posts for direct recruitment. Another complaint raised is that there is no specific provision which enables filling up of vacancies, if there are no qualified hands for appointment by deputation from the post of Assistant Taluk Supply Officers in the Civil Supplies Department. It is inter alia contended that deputation is not the recognised mode of appointment. The same being only considered as a plenary power vested in the Government, which could be invoked only in public interest in terms of Rule 9B of KS & SSR. In so far as in Ext. P2 Rules deputation has been made the major mode of appointment and only 10% of the posts are reserved for direct recruitment, it amounts to discrimination and the post remains unfilled if there are no candidates, who could be deputed to the said post.