MOHAMMED SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners were at the time of filing the original Petition employees of the Kerala Financial Corporation, the 2nd respondent (hereinafter called the Corporations.) THE Corporation is one established under the State Financial Corporation Act, 1951 (Central Act 53 of 1951 ). THEy were in service at the time from twelve to eighteen months as assistants and Typists. THE appointments were made provisionally through the employment Exchange. This according to the petitioners is the usual method of appointment and the temporary appointments so made used to be confirmed in due course. THE Managing Director had made the appointments. It is alleged that ever since its inception the appointment of the staff of the Corporation was being mad by the Managing Director for classes B and C consisting of assistants, Clerks, Stenographers, Typists and subordinate staff as per powers conferred on him by the Act and Regulations framed thereunder. It is asserted by the petitioners in this proceedings that all members of the staff who like the petitioners were originally appointed on a temporary basis up to and inclusive of 24th July 1970 have been made permanent and with respect to others whose appointments were between 24th April 1970 and 16th June 1972 Corporation has initiated steps for making them permanent. THE dates of appointment of the petitioners are from 16th June 197

(2.) 2. The petitioners approached this Court with this original Petition on the allegation that in violation of the established practice, the Corporation is subjecting the petitioners to hostile discrimination and are taking steps to terminate their provisional appointment. These steps are being initiated on the basis that the Corporation is bound to implement the direction contained in a recently enacted legislation'the Kerala public Service Commission (Additional Functions as respects certain corporations and Companies) Act, 1970 (Act XIX or 970)' which came into force on 30th November 1970, which provides that the Kerala Financial Corporation may consult the Kerala Public Service Commission on all matters relating to recruitment of its employees. The said Act was preceded by an Ordinance of the same name, namely the Kerala Public Service Commission (Additional Functions as respects certain Corporations and Companies) Ordinance, 1970 (IV of 1970) which came into force on 25th April 197 0.

(3.) THE prayers in the form originally brought forward were for issue of a writ of mandamus to the respondents (among whom besides the state and the Corporation, is the Public Service Commission of the State) to forebear from terminating the services of the petitioners to give place for the candidates recruited by the Public Service Commission as per the Stats Act the validity of which is attacked and in respect of which a declaration is sought for that it is ultra vires to the extent it affects the Corporation and also for a writ of mandamus for directing the Managing Director of the Corpoation not to implement the provisions of the said Act namely the Kerala Public commission (Additional Functions as respects certain Corporations and companies) Act, 1970 in so far as recruitment to the categories of classes B and C of the employees of the Corporation is concerned or directions from the kerala Government in this regard.