VASANTHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue involved in these Writ Petitions is the same. Therefore they are disposed of by this common judgment.

(2.) Petitioners were appointed as Hospital Attendants Gr.II, a post coming under Category No. 4 of Rule 1 of the Kerala Last Grade Service Rules, for short the 'Rules'. The method of appointment to the post of Hospital Attendant Gr.II as laid down in Rule 5 of the Rules, is as follows:--

(3.) The rule relating to method of appointment extracted above shows that direct recruitment through Employment Exchange can be resorted to only in the absence of suitable hands under items (i) and (ii). According to the petitioners eligible and willing candidates belonging to items (i) and (ii) were not available for appointment as Hospital Attendants Gr.II and it was taking that aspect also into consideration the Employment Exchange was directed to sponsor qualified candidates for appointment to the post of Hospital Attendants Gr.II; and orders appointing the petitioners were made by the competent authorities. Petitioners rely on the judgment in W.A.96/2000 passed by the Division Bench of this Court. Respondents had contended before the Division Bench that Hospital Attendants who were parties in W.A.96/2000 were appointed under Rule 9(a)(i) of K.S & S.S.R and their services were liable to be terminated to give place to regular recruits. Division Bench did not accept this argument and held that Rule 9(a)(i) of K.S & S.S.R cannot be made applicable to appointments made to categories of posts coming within the purview of Kerala Last Grade Service.