PRAKASH Vs. KURIEN

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals are filed against the common judgment and order passed in Original Petition Nos. 11764 of 1996, 6540, 12539 and 13871 of 1997 and W. A. Nos. 1842 and 1938 of 1996, 84 and 351 of 1997 by the Division bench of the Kerala High Court on 16th April, 1998 -1998 (2) KLT 273. Persons selected to the post of Sales Tax Officers in the Agricultural Income Tax and sales Tax Department by the Kerala Public Service Commission filed petitions in the High Court. They were selected and included in the ranked list published by the Commission on 13th May, 1995 which was to expire on 12th May, 1998. As authorities failed to appoint them against the vacancies that arose in the quota earmarked for direct recruits and since only a limited number of candidates have been appointed, they approached the court for a mandamus and consequential directions. The learned single judge of the High Court of Kerala arrived at the conclusion that R. 5 deals with the subject matter governed by the Special Rules and both have to be harmoniously read and understood. Therefore, direct recruitment to 20% of the vacancies provided in the Special rules shall be worked out on the basis of the provisions contained in Note 3. The Court also held that there is no repugnancy between the Kerala Agricultural income Tax and Sales Tax Rules Category 3 and R. 5 of the General Rules.

(3.) THE aforesaid Note (3) was added by the Rules called the Kerala State and Subordinate Services (Amendment) Rules, 1992. THE object and reason for amending the said rule is mentioned in the Explanatory Note which inter alia provides that for various posts in the Departments of government, appointments are to be made by direct recruitment and by transfer; the vacancies are filled up on the basis of ratio or percentage fixed in the respective special rules; Government considered it necessary to clarify that proportionate vacancies to be filled up by different methods should be calculated on the basis of the cadre strength and not on the basis of total number of vacancies. For achieving the said objects the Rules were amended.