BINUMON K.P Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner challenges the order passed by the Kerala Administrative Tribunal in O.A.No. 45 of 2021, in which the Tribunal rejected the petitioner's claim that he is entitled to be included in Annexure A6, the ranked list prepared by the Kerala Public Service Commission/first respondent, for the post of Lower Division Typist, through by transfer method.

(2.) While working as Driver Grade II (HG) in the Block Development Office, the petitioner applied for the post of L.D.Typist (recruitment by transfer) in various departments, pursuant to the gazette notification published on 29/12/2018. As per the notification, applications were invited from low-paid employees in the Kerala Government Subordinate Service for appointment to the above post. The scale of pay for the post was Rs.19000.0043600. At the time of submission of application, as it appears from Annexure A3 service certificate issued in favour of the petitioner, his scale of pay was Rs.18000.0041500. As per Annexure A1 notification, the last date to apply was 30/01/2019.

(3.) The petitioner was excluded from Annexure A6 ranked list for the reason (as explained in Annexure A7) that he was not eligible for recruitment through by transfer method in view of note 2 of Rule 8(c) of Part II of Kerala State & Subordinate Services Rules, 1958 (hereinafter referred to as 'KS & SSR'). The respondents further explained the reason for the exclusion of the petitioner from the said ranked list through the reply statement submitted before the Tribunal. According to them, as per Rule 2(13) of Part I of KS & SSR, a person can be recruited by transfer only if his appointment to the service is in accordance with the orders issued or rules prescribed for recruitment by transfer to the service. Applications were invited only from low-paid employees and thus the said eligibility for recruitment by transfer has to be maintained until a candidate is finally appointed to the post. However, at the time of verification, it was found that the petitioner was promoted to the post of Driver Grade II (HG) with a scale of pay of Rs.20000.00 45800. It is also contented by the respondents in the reply statement that, by virtue of the provisions of Rule 8 of KS & SSR, a candidate who applied for by transfer appointment, if appointed to a post (having a higher scale of pay) in another department, he is entitled to be repatriated to his initial post (having a lower scale of pay) from which he applied for by transfer appointment, but if he cannot go back to the original post as it carries a higher scale of pay, he is not eligible for by transfer appointment.