BINUMON K.P. Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) As per judgment dtd. 21/11/2024 in O.P. (KAT)No.293/2024, this court held that recruitment through by transfer method can be made from persons in a pay scale not higher than the post to which the applications are invited, with reference to Annexure A6 notification. The said judgment is sought to be reviewed by the petitioner in the said case mainly on the following grounds:

(2.) Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the review petitioner and Sri.P.C.Sasidharan, the learned Standing Counsel appearing for the respondent.

(3.) After considering the oral submissions made by the learned counsel for the petitioner and the contentions raised in the review petition, we find no reasons to interfere with the impugned judgment. The judgment did not dilute or interfere with the well settled eligibility criteria based on the last date of application. The operation of the judgment confines to the application of Rule 2(13) of Part I of KS and SSR read with the conditions stipulated in Annexure A6 notification. While we appreciate the sincere effort taken by Sri.Kaleeswaram Raj to ensure the correctness of the judgment passed by this Court, we do not find any reason to uphold his contention that if the judgment is sustained, it would result in an anomalous situation as suggested above. The senior employee who aspires to a by-transfer appointment may be entitled to waive his grade promotion and to make himself fit within the bounds of the conditions stipulated in the notification. If the employer unduly delays the process of promotion awaiting a favourable employee to become qualified, the senior employee may be able to challenge that arbitrary act through appropriate proceedings.