THULASIAMMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Questioning correctness of appointment given to third respondent on re-employment basis, petitioner, who was working as Personal Assistant in State Planning Board (in short, the Board), had filed O.P. No. 15914 of 1996. Learned Single Judge found that there was nothing illegal in the appointment made and dismissed the petition.

(2.) In this Writ Appeal filed under S.5 of the Kerala High Court Act, 1959 (in short, the Act), petitioner urged that third respondent, who retired on 30th June 1996, has been given re-employment in clear violation of all norms in an apparent act of favouritism and nepotism. Such employment is not in public interest and totally opposed to R.60 (a) of Part I of Kerala Service Rules, 1959 (in short, the Rules).

(3.) Factual position, as highlighted by parties, is as follows: Third respondent retired on 30th June 1996 on superannuation. Vice Chairman of the Board desired that sanction may be accorded for continuance of the post of Personal Secretary to Vice Chairman co-terminus with his term of appointment. Such proposal was accepted and 3rd respondent was re-employed for a period of one year from 1st July 1996. Subsequently, term has been extended. It was done at the request of Vice Chairman. He clearly indicated that period of extension was to be co-terminus with his term of office and appointment. Request was again accepted. According to appellant, practice was to give promotion to seniormost Personal Assistant and to appoint him as Personal Secretary of Vice Chairman. Though re-appointment has been done giving it the colour of temporary appointment, yet it is, in effect, a permanent post. Reference in this contest is made to the letter of Secretary of the Board to Commissioner for Economic Development and Planning vide Ext. P-6 to the effect that post of Vice Chairman was a permanent one and the post of Personal Secretary to Vice Chairman had become permanent in view of G.O. (P) No. 465/78/Fin., dated 20th May 1978 (Ext. P-3). ln Clause.2 (i), it has been stated as follows: