GOVERNMENT OF KERALA Vs. SUNIL S.

JUDGEMENT

(1.) The Government has filed the appeal from the order of the Tribunal which directed the second respondent in the O.A. to consider provisional appointment of eligible hands in the feeder category, fit for by-transfer appointment, against the newly sanctioned posts in Lecturer (Electronics), if there is requirement for filling up the above vacancies and if no PSC list for direct recruitment is in existence.

(2.) The learned Senior Government Pleader Sri.Antony Mukkath contended at first that the decision to appoint provisionally from the feeder category is a discretion left with the Government which could not have been usurped by the Tribunal. It is contended that the post of Lecturer in Electronics and Communication Engineering is one to be filled up by direct recruitment and by-transfer appointment. The cadre had 177 posts which have to be filled up on a ratio 13:7 as against direct recruits and by-transfer appointees. Going by the ratio, there are 115 posts to be filled up from direct recruits and 62 from by-transfer appointees. As against this, only 75 direct recruits were continuing and the by-transfer appointees occupied 83 posts; 21 in excess of their ratio. Later, 16 posts were also created making the total 193. The Department has already reported 40 vacancies to the PSC and the selection process is on.

(3.) In the meanwhile, there cannot be provisional appointments made from the feeder category, since that could create financial burden on the Government. If persons like the respondents herein are promoted provisionally, they have to be given the pay fixation as per the pay drawn by them in the lower post and on reversion, when the direct recruits are appointed, pay protection would also have to be granted on reversion. It is in such circumstances that the Government decided to make daily wage appointments as is seen from Annexures A14 and A15.