NARAYANAN POTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the General Secretary of the Kerala Legislature Secretariat Staff Association, an organisation of the employees of the Legislature Secretariat recognised by the Government. He challenges Exts. P - 9 and P - 10 orders passed by the second respondent. By Ext. P - 9 respondents 3 to 18 were appointed as Part time Sweepers / Gardeners. By Ext. P - 10 respondents 19 to 22 were appointed as Part time Sweepers / Gardners. According to the petitioner, the provisions contained in the Special Rules for the Kerala Part - time Contingent Service are applicable to the appointments of Part - time Sweepers and Part - time Gardners in the Legislative Secretariat. If that be so, the appointments must be made in accordance with the list sent by the Employment Exchange after notifying the vacancies to the Employment Exchange. In the matter of appointment of respondents 3 to 22 the above procedure was not followed. According to the petitioner, the appointments were made very secretly and arbitrarily and therefore, the appointments are liable to be quashed.

(2.) The Governor of Kerala issued Ext. P1, Kerala Legislature Secretariat (Recruitment and Conditions of Service) Rules, 1979 in exercise of the powers conferred by clause (3) of Art.187 of the Constitution of India. According to R.3 of Ext. P1 rules, the composition of the Legislature Secretariat consist of; (a) the post of Secretary; (b) such other gazetted posts of and above the rank of Deputy Secretary; (c) such other gazetted posts, not provided for in clause (b); and (d) such number of non gazetted posts, as the Speaker may, from time to time, sanction. According to R.4 of Ext. P - 1 Rules, appointments to the post of Secretary and other gazetted posts of and above the rank of Deputy Secretary shall be made by the Speaker in consultation with the Chief Minister, either by promotion, or by transfer or by deputation from any other service, or by direct recruitment in consultation with the Kerala Public Service Commission. Appointments to the post of other gazetted posts are also to be made in the like manner. Appointments to the non gazetted post shall be made by the Secretary either by promotion or by transfer or by direct recruitment in consultation with the P.S.C. The posts of contingency service like Part - time Sweepers and Part - time Gardners have not been specifically mentioned in Ext. P - 1 rules. Therefore, the learned counsel for the petitioner argues that the Special Rules for the Kerala Part - time Contingent Service must be made applicable to the similar posts in the Legislature Secretariat. Art.187 of the Constitution of India reads as follows:

(3.) In Para.7 and 8 of the Original Petition the petitioner has stated that persons appointed under Exts. P - 9 and P - 10 are either related to persons who could influence the second respondent and therefore the appointments are arbitrary.