SIVAKUMAR S/O PANCHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are permanent workers in the 3rd respondent Rehabilitation Plantation Ltd have filed this writ petition challenging the selection for appointment to the post of drivers.

(2.) As per Ext P9 notification dated 30.09.2014, the 3 rd respondent invited applications from among qualified workers under it for appointment as Drivers. One of the qualifications required was "should be a worker in RPL (with age below 50 years as on 01.01.2014) at least for 7 years." The applications submitted by the petitioners were rejected as per Exts.P10 and P11 letters on the ground that they do not have the requisite experience stipulated for the post, i.e., 7 years experience as worker under the 3rd respondent as on 30.10.2014. In the case of the 2nd petitioner, it is submitted by all the parties including the petitioners that he does not have the requisite qualification of 7 years of experience. Therefore, it is not necessary to consider his case.

(3.) However, the 1st petitioner asserts that he was having 7 years experience and all other qualifications prescribed in the notification, saying that he has rendered service in each of the preceding 7 years. In Ext.P1 experience certificate issued by the Manager, the total service rendered by the petitioner is certified as 6 years 11 months and 2 days. It is also stated that he had a break in service for 3 years 4 months and 20 days, as per order dated 108.2013 and the said period was deducted from his total service while calculating the experience. Despite this, the petitioner asserted that since he has worked at least for certain number of days in each of the years, he is liable to be treated as having the prescribed experience of 7 years. He also challenges the selection and appointment of additional respondents 5 to 7 who are only casual workers. His contention is that as per Ext.P15 rules, appointment to the post of Driver, which is category number 41, is to be made from among workers with at least 7 years of experience, provided they are having qualification of literacy in Malayalam or Tamil and valid driving license for at least 4 years. 50% of the posts are earmarked for direct recruitment and the other 50% for promotion.