RENJU K.V Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed challenging the orders passed by the Government rejecting sanction for the implementation of the Government Order setting apart 10% of the posts of LD Clerks/LD Typists (in Class III Category) for appointment from qualified Class IV employees to the post of Junior Assistants in the KSFE. W.P.(C) No.35440 of 2018 is taken as the lead case and the parties and documents are being referred to as arrayed therein.

(2.) It is submitted that by Ext.P1 Government order dated 3.1.2014, 10% of the cadre strength of LDC/LD Typists was set apart for appointment of Last Grade Servants and low paid employees in Government Departments on the basis of their qualification and seniority. It was specified in Ext.P1 that the persons seeking such by-transfer appointment in the 10% quota should have completed their probation in the lower post held by them and should have completed three years of service. By Ext.P2 communication dated 16.9.2014, the KSFE requested the Government to make the said Government Order applicable for appointment to the post of Assistants in the KSFE as well. It was stated that the Board of the KSFE had considered the issue and had found that there are several employees in the subordinate staff having the required qualification for appointment as Assistants and therefore sanction may be accorded for filling up of 10% of vacancies by appointing subordinate staff having the qualification of Degree and who have completed three years as subordinate staff to the post of the Junior Assistants according to seniority.

(3.) By Ext.P3, the said request was turned down stating that there is already a 10% quota set apart for appointment of Last Grade Employees through suitability test to be conducted by the PSC. The KSFE again addressed the Government preferring Ext.P4 detailed representation. It was pointed out in Ext.P4 that the Government Order had been made applicable to the Kerala State Electricity Board as well as the Toddy Workers Welfare Fund Board and that in the light of the situation prevailing the KSFE sanction may be accorded in the case of KSFE as well. In reply to Ext.P5 letter requiring clarification, Ext.P6 communication was sent by the KSFE stating that 10% of vacancies is reserved for by-transfer appointment of Last Grade Servants through eligibility test to be conducted by the PSC. It is stated that by Ext.P1 order, an additional quota of 10% had been set apart for appointment in Class III posts and the same may be made applicable to the KSFE as well. It was clarified that the qualification for appointment as Junior Assistants in the KSFE through direct recruitment is Degree and that only those persons having the said qualifications and having completed three years of service in the lower posts will be considered for appointment.