MAYAKRISHNAN R 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) N0. 57/1992/pandard dated December 5, 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. O. P. No. 13871 of 1997.

(2.) 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 August 11, 1987 by 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 May 13, 1995, their rank numbers being 77, 89 and 104. The ranked list is produced and marked as Ext. P-1. Ext. P-1 has come into force with effect from May 13, 1995 and would expire on May 12, 1998. Since the authorities are not taking any steps to appoint any of the selected candidates against the vacancies that arose in the quota earmarked 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 earmarked for direct recruitees 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 Rule 5 of the Kerala State and Subordinate Services Rules Part II brought out as per Ext. P-2 notification dated December 5, 1992 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 Rule 2 of the Special Rules in respect of the said department.

(3.) KERALA Agricultural Income Tax and Sales Tax Service consists of five categories of officers. Category No. 3 consists of the following posts: