MURALI K.P Vs. STATE OF KERALA

JUDGEMENT

(1.) All these writ petitions are filed by the employees in the Kerala Judicial Ministerial Subordinate Service challenging G.O. (P) No.1/2014/P&ARD dated 3.01.2014, by which the appointment to the post of LD Clerks by transfer from lower categories was limited to 10% of the posts. The said order was clarified in the G.O(P) No.21/2014/P & ARD dated 19.07.2014 as well as another order issued on 28.05.2015. On the basis of these Government Orders, the High Court had issued an Office Memorandum viz, CL-72253/17 dated 29.11.2017 directing all the District Judges and Chief Judicial Magistrates to ensure that excluding 10% of vacancies to be reserved for compassionate employment and 10% vacancies to be reserved for inter district transfer, the ratio of 1:9 shall be maintained for the balance 80% in the categories of Clerks and LD Typists between appointment by transfer and direct recruitment.

(2.) The contention of the petitioners is mainly that there is a specific provision governing the appointment of LD Clerks in the Kerala Judicial Ministerial Subordinate service. It is pointed out that the LD Clerks including Examiners (Civil and Criminal Wings) is included under category 4 (a). The method of appointment to this category is provided in Rule 5(a) of the Special Rules as follows:-

(3.) The petitioners point out that when a vacancy arises in the post of Lower Division Clerks, which is Category 4(a), appointments were made by transfer from the lower category namely, Amins. In the year 2002, a ratio of 1:1 was introduced for appointment by transfer and direct recruitment in respect of 80% of the total posts setting apart 10% each for compassionate appointment and for inter district transfer respectively. Government had issued the orders in 2014 in order to see that the avenues for appointment by transfer is uniform in all the departments, to which appointments are being made from a common selection list.