PRAKASAN K.M. Vs. P. VISWANATHAN

JUDGEMENT

(1.) The Government by G.O.(Ms.)No.371/2017/GAD dated 11.12.2017 created a post of Front Office Manager in Kerala House at New Delhi giving preference to the seniormost Reception Assistant to be appointed with the following qualifications:

(2.) It is the absolute prerogative of the employer Government to fix the requisite qualification depending on the post and the nature of the duty involved and the wisdom in that regard cannot be substituted by a Tribunal in the absence of proved malafides in the action. The Tribunal was not justified in setting at naught the proceedings fixing the qualification and appointing a person found suitable merely because those in the feeder category were not afforded an opportunity to acquire the qualification. There is also no necessity to consult the Kerala Public Service Commission for laying down the qualification as directed by the Tribunal in the order impugned when they have no role at all to play for the recruitment in question.

(3.) We therefore set aside the impugned order in O.A.No.506/2018 on the file of the Kerala Administrative Tribunal giving liberty to the Government to fix the qualification anew for appointment to the post of Front Office Manager in view of efflux of time. The status-quo as regards manning the post of Front Office Manager shall continue till qualifications are fixed anew and the appointment made to the post within a period of six months from the date of receipt of this judgment. The original petitions are disposed of. No costs.