STATE OF KERALA Vs. JAYESH K.

JUDGEMENT

(1.) The candidates included in the rank list for appointment in the Kerala Administrative Service (KAS) Junior Time Scale (Trainees) approached the Kerala Administrative Tribunal inter alia challenging Annexure A3 Government Order dtd. 6/2/2021 by which the cadre strength of KAS Officers (Junior Time Scale) was fixed at 105 by the Government. According to the candidates, the fixation of the cadre strength at 105 is in violation of the Kerala Administrative Service (KAS) Rules, 2018 (hereinafter referred to as 'the KAS Rules ') and the actual figure is much higher.

(2.) By the impugned common order dtd. 13/10/2013, the Tribunal directed the Government to redetermine the cadre strength as on 1/10/2022 in accordance with the provisions contained in Rule 4 read with Rule 18 of the KAS Rules. The Tribunal further directed that the Government shall take steps to make appointments for the remaining vacancies as against the vacancies already reported to the Public Service Commission (PSC) pursuant to the interim direction of the Tribunal. Later, the Tribunal disposed of certain other similar applications based on the said impugned order. The above original petitions are preferred by the Government and the PSC against the said orders. As the matters to be determined in all these cases are closely connected, they are disposed of by this common judgment. For the sake of convenience, O.P.(KAT)No.14/2024 is considered as the leading case, in the following discussion.

(3.) On 1/11/2019, PSC invited applications for filling up 'anticipated vacancies ' in the above post, as per Annexure A20 notification. Later, the PSC published Annexure A21 rank list with effect from 8/10/2021. The rank list was valid for one year.