ANTONY STEJO J. Vs. STATE OF KERALA

JUDGEMENT

(1.) We extract below the interim order dated 21.12.2018 passed in succession of the interim orders dated 3.12.2018, 6.12.2018 and 18.12.2018 in this bunch of writ appeals which is self explanatory. Interim order "i. It is a fact conceded that about 3808 candidates had been advised by the Kerala Public Service Commission (PSC) for appointment in the Kerala State Road Transport Corporation (KSRTC). The same was done well during the currency of the ranked list dated 9.5.2013 published by the PSC for the post of Reserved Conductor and the list expired later only on 31.12.2016. The PSC advisees could not have been kept waiting on tenterhooks for long by allowing the so called 'empanelled conductors' to occupy the vacant posts. The empanelled conductors are purely temporary hands appointed on ad-hoc basis through Employment Exchange earlier for a limited period of 180 days only. The employer KSRTC merrily allowed those temporary hands to continue even after the expiry of the stipulated period in blatant violation of the Service Rules governing them. A reference to Rule 9(a)(i) of Part II of the Kerala State & Subordinate Services Rules, 1959 (KS and SSR) and the provisos therein is apposite {See Radha v. District Medical Officer [2002 (2) KLT 711(FB)]}. No other State Corporation permits the candidates sponsored by the Employment Exchange to overstay beyond the period of 180 days keeping the PSC advisees waiting for appointment to the post. ii. The recruitment to the posts in KSRTC is entrusted to the PSC by virtue of the Kerala Public Service Commission (Consultation by Kerala State Road Transport Corporation) Rules, 1969. There cannot be an alternate stream for recruitment by permitting the candidates sponsored by the Employment Exchange to overstay and regularising the employment. Bilateral agreements entered into by the KSRTC and the Trade Unions to regularise the appointment of such candidates fall foul of the Constitutional provisions. It is now reported that the services of all the empanelled conductors (totalling to about 4071 in number) whose services have not been regularised are dispensed with. This is after excluding those who are regularised as per the Government Order dated 21.11.2013 for having completed 10 years with a minimum of 120 duties in an year. It is further submitted that KSRTC had directed the PSC advisees (totalling to about 4051 in number) to report in their Head Office yesterday to receive the order of posting. The action of the KSRTC to give posting to the PSC advisees after relieving the candidates sponsored by the Employment Exchange though done hesitatingly is proper. iii. The empanelled conductors urge that there may still be permanent vacancies after appointing the PSC advisees who turn up today or after receiving the written intimation sent by KSRTC. It was also stated at the Bar that about 800 permanent employees of the KSRTC are enjoying long vacation - probably Leave Without Allowance - which is abominable. It is up to the KSRTC to take immediate steps to notify the vacant posts and have the recruitment done by PSC to whom the task has been entrusted as per law. How to tide over the situation to operate the bus services till the recruitment through PSC is completed is the next question to be adverted to by the KSRTC in the circumstances. The KSRTC may either accept the candidates sponsored by the Employment Exchange anew or permit the requisite number of empanelled conductors to serve on ad-hoc basis till such time if law permits. The empanelled conductors and their Unions who have filed applications for impleading were also heard and they are impleaded as additional respondents in the appeals." The Apex Court in SLP(Civil) No.410/2019 did not interfere with the interim order dated 6.12.2018 directing the KSRTC to dispense with the services of empanelled conductors to accommodate the PSC advisees. Statutory provisions

(2.) The legislature of a State may provide for the exercise of additional functions by the PSC as respects the services of any body corporate constituted by law under Article 321 of the Constitution of India. The Kerala Public Service Commission (Additional Functions as Respects the Kerala State Road Transport Corporation) Act, 1970 was enacted in exercise of that power. The KSRTC may consult the PSC on all matters relating to the methods of recruitment of its officers and servants including Conductor Grade II(Reserved Conductor). The matter shall be referred to the Government only if there is any difference of opinion between the PSC and KSRTC as per Section 3 of the aforesaid Act. The Kerala Public Service Commission (Consultation by Kerala State Road Transport Corporation) Rules, 1969 also operate as regards the manner and method of consultation. The ranked list has accordingly been published by the PSC for the post of Conductor Grade II from which advice was made to fill up the notified vacancies in KSRTC.

(3.) True it is that the KSRTC may appoint a person otherwise than in accordance with the above Rules temporarily to fill up a vacancy in a post immediately owing to an emergency under Rule 9(a)(i) of Part II of KS and SSR. However one of the provisos therein stipulates that a person so appointed to a post (other than teaching post and another) shall not be allowed to continue in such post for a period exceeding 180 days. Rule 9(2) of Part II of KS and SSR mandates that such a person shall not be allowed to continue in service in preference to a candidate advised by the PSC. One of the provisos to Rule 9(3) of Part II of KS and SSR is categoric that a person discharged from service after the admissible period shall not be re-appointed to the same post. The appointing authority can do so only when fresh candidates are not available for appointment through Employment Exchange which shall be made with the concurrence of the PSC. Rule 9(3)(iii) of Part II of KS and SSR is specific that a person appointed under this clause shall be replaced as soon as possible by an approved candidate qualified to hold the post under the Rules.