RAMADASAN Vs. JOHNNY

JUDGEMENT

(1.) Writ Appeal No. 273 of 1981 is against the judgment in OP. No. 2464 of 1979-1, WA. No. 373 of 1981 is against the judgment in OP. No. 212 of 1979 and WA. No. 374 of 1981 is against the judgment in OP. No. 52 of 1979. By the judgments under appeal, the Government Letter No. 21012-KLA2 of 1978 dated 18-4-79 marked as Ext. P7 in OP. No. 212 of 1979, has been quashed and it is aggrieved by that appellants have filed the appeals. OP. No. 3849 of 1979 is for quashing that order

(2.) The point falls within a very short compass. In the Engineering Electrical Services of the Kerala State Electricity Board, as per Board order dated 13-7-1967, 50 percent of the posts were required to be filled up by direct recruitment from Engineering Graduates. Later on, by order dated 9-12-1970, 50 percent reserved for direct recruitment was subjected to a modification by providing for 10 percent to he from in-service hands having graduate qualification. Later, by order dated 30-6-1981 marked as Ext. P1, a further modification was made for the 10 percent to be selected from in-service hands, namely, that they should have three years' service in the feeder category. Still later, the 10 percent earmarked for in-service hands was converted into promotion quota in 1978 by order dated 18-4-1979. It was required that three years' service after graduation was necessary for promotion to the higher post of Assistant Engineer with respect to the 10 percent promotion quota. This prescription of a new qualification was one without consulting the Public Service Commission. The question is whether for want of consultation with the Public Service Commission, this qualification prescribed is valid or not

(3.) It is by virtue of the Kerala Public Service Commission (Additional Functions) Act, 1963, which is made applicable to the Kerala State Electricity Board, that the function of selecting the personnel for the Electricity Board has become the function of the Kerala Public Service Commission. S.3 of the Kerala Public Service Commission (Additional Functions) Act, 1963 reads as follows: -