SUGUNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) TWO common questions arise for determination in these cases, viz. (1) whether the amendment brought to the General Rules (Kerala State and Subordinate Services Rules) as per notification G. O. (P) No. 57/92 P&ard dated 5th December, 1992 issued by the Personnel and Administrative Reforms (Rules) Department of the Government of Kerala would take away the rights of the petitioners in the Original Petitions for appointment against 20% of the successive substantive vacancies arising in the cadre of Sales tax Officers? (2) When the Special Rules clearly speak of the method of recruitment, whether any amendment to the General Rules,-which go in. conflict with the Special Rules, will hamper the rights of persons arising out of the Special Rules.

(2.) O. P. No. 13871 of 1997 The petitioners in this Original Petition applied for selection to the post of Sales Tax Officers in the Agricultural Income Tax and Sales tax Department pursuant to the notification published in the gazette dated 11. 8. 1987 the Kerala Public Service Commission (hereinafter to be referred to as the 'commission' ). They got selected and included in the ranked list published by the Commission on 13. 5. 1995, their rank numbers being 77, 89 and 104. The ranked list is produced and marked as Ext. P1. Ext. P1 has come into force with effect from 13. 5. 1995 and would expire on 12. 5. 1998. Since the authorities are not taking any steps to appoint any of the selected candidates against the vacancies that arose in the quota ear-marked for direct recruits and since only a limited number of candidates have been so far appointed, the petitioners approached this Court for a mandamus commanding the respondents to fill up the quota ear marked for direct recruiters to the post of Sales Tax Officers in the Department of Agricultural Income Tax and Sales Tax on the basis of the successive substantive vacancies arising in the cadre and not on the basis of the cadre strength of the permanent cadre; and also to declare that the amendment to R. 5 of the Kerala State and Subordinate Service Rules Part H brought out as per Ext. P2 notification dated 5th December1992 does not adversely affect the right of the direct recruitees to get appointment against 20% of the successive substantive vacancies in the cadre of Sales Tax Officers in the Department of Agricultural Income Tax and Sales Tax as provided by R. 2 of the Special Rules in respect of the said department.

(3.) O. P. No. 12539 of 1997 The petitioner in this Original Petition, aggrieved by the inaction on the part of the respondents to make appointment to the category of Sales Tax Officers by direct recruitment to the extent required by the statutory Rules, filed the above Original Petition to call for the records leading to Ext. P3 (G. O. (P) No. 57/92/p&ard dated 5th December, 1992 and to quash the same after examining its constitutionality; and to issue a writ of mandamus directing the Board of Revenue to calculate the backlog of the vacancies from 1962 as per Special Rules, (Ext. P2) as on date for Direct Recruitment of Agricultural Income Tax and Sales Tax Officers and to report those vacancies to the 3rd respondent for making advice from Ext. P1 list. There is a further prayer for a mandamus directing the 3rd respondent Public Service Commission to review the advises made to the 2nd respondent from Ext. P1 and advise the names afresh in accordance with R. 14 to 16 of the Kerala State and Subordinate Services Rules.