Jobish T.J and others v. The Kerala Public Service Commission and The Kerala State Road Transport Corporation

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940** **WP(C).No. 38007 of 2017** ## **PETITIONERS:** **1 JOBISH T.J AGE 26 YEARS, S/O. T.M JOSEPH, THADATHIL HOUSE, VADEVATHOOR P.O, KALAETHIPADY, KOTTAYAM DISTRICT, PIN - 686 210. 2 AKHIL K. JOSE AGE 30 YEARS, KANIPARAMBIL HOUSE, VARAPEETTY P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691. 3 MITHUN RAJ S/O. SAMUEL JOHN, AGED 32 YEARS, MULLEMKISHITHUPPAL HOUSE, KOOVAKUNDOM P.O, THODUPUZHA, IDUKKI DISTRICT, PIN 685 588.** **4 BABU P.K AGE 39 YEARS, S/O. K.M KUTTAN, PANAYAMTHENGIL HOUSE,CHELACOMPU P.O. KARUKACHAL, KOTTAYAM DISTRICT, PIN - 686 540.** - **5 SHAJI MATHEW AGED 41 YEARS, S/O. MATHAI, VERICKANELLICKAL HOUSE,CHEMPAKAPPARA P.O, CHEMPAKAPPARA, IDUKKI DISTRICT, PIN - 685 514.** - **6 NIKHIL N.K AGED 26 YEARS S/O. NEPOLEAN, VENGAVILAVEEDU, CHEPRA P.O,VLLANGARA, PIN - 691 520.** W.P.(C)No.38007/2017 -2- - **7 RIJU A DEVASIA AGED 35 YEARS S/O. A,O DEVASIA, ARMACHERIYIL HOUSE, ELANJI P.O, ELANJI, ERNAKULAM DISTRICT, PIN - 686 665.** **8 RATHEESH L AGE 35 YEARS, S/O. LOPEZ G, THACHARUKONATHU PUTHUVEL PUTHENVEEDU, ARASUPARAMBA, NEDUMANGAD P.O, PIN - 695 541.** **9 PRINCE Z AGE 24 YEARS, S/O. ZACHARI D, PARANGIMAM VILA VEEDU,PULAMON P.O, KOTTRARKKARA, KOLLAM DISTRICT, PIN 691 531.** **10 ABHAYAN E.A AGE 30 YEARS, S/O ELIYAZER M, ROADARIKATHU VEEDU,NEDUVELI, KONCHIRA P.O, PIN - 695 615.** **11 MOBIN K BABY. AGE 31 YEARS, S/O. BABY K.J, KAKKANADE HOUSE, NATTAKAM P.O, KOTTAYAM DISTRICT, PIN - 686 013.** **12 JOBY C.J AGE 29 EYARS, S/O. JOHN C, CHERUVALLIPARA HOUSE, CHUNGATHARA P.O, ANDIKUNNU, MALAPPURAM DISTRICT, PIN - 679 334.** **13 BINEESH A.P AGED 39 YEARS, S/O. PALAN, ADIYANAYIAL HOUSE, PAZHOOR P.O,PIRAVOM, ERNAKULAM DISTRICT, PIN - 686 664.** W.P.(C)No.38007/2017 -3- - **14 BINUMON BR AGED 25 YEARS S/O. BINUMON, BINU BHAVAN, KURULYODU,THEKKAKKARA, ELLUVILA P.O, PIN - 695 504.** - **15 JESTIN RAJ N.A AGE 27 YEARS, S/O. AUGUSTINE N.J, NHARAKKATTIL HOUSE, VAYALADA P.O, UNNIKULAM, KOZHIKODE - 673 574.** **16 RAJAN V.J AGE 32 YEARS, S/O. V. JOSEPH, VILAKRIYAN HOUSE, ST. MARY'S COLONY, PARIYARAM P.O, KANNUR DISTRICT, PIN - 670 602.** **17 BINU. A AGED 39 YEARS, S/O. ALIYAS, CHEMMANNUVILA VEEDU, MARIYAPURAM, MARIYAPURAM P.O, THIRUVANANTHAPURAM PIN - 695 122.** **18 ABHILAS H.S AGE 30 YEARS, S/O. SOLOMAN N, PAZHINJIKUZHI, PERUMPAZHUTHOOR P.O, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695 126.** - **19 BLIGHTY P JOHN** **AGE 30 YEARS,S/O. PETER JOHN, VALIYA PARAMBIL HOUSE, CHOLLIYODE P.O, MUZHIMALAM, SULTHAN BATHERY, VAYANAD DISTRICT,PIN - 673 592** ## **BY ADV. SRI.GEORGEKUTTY MATHEW** ## **RESPONDENTS:** **1 THE KERALA PUBLIC SERVICE COMMISSION PATTOM , THIRUVANANTHAPURAM PIN 695 013.** W.P.(C)No.38007/2017 -4- - **2 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, VIKAS BHAVAN, THIRUVANANTHAPURAM PIN- 695 013.** **BY ADV. SHRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.38007/2017 -5- ## **JUDGMENT** The 1[st] respondent Kerala Public Service Commission issued Ext.P1 notification for the post of Work Assistant in the 2[nd] respondent Corporation, against NCA (No Candidate Available) vacancies for 'Other Christians'. Ext.P2 is the ranked list published by the 1[st] respondent, in which the petitioners are included. Pursuant to their ranking in Ext.P2, the petitioners were issued Ext.P3 and similar advise memos by the 1[st] respondent Public Service Commission. Ext.P3 is one dated 18.08.2017, which is the advice memo issued to the 1[st] petitioner. The grievance of the petitioners is that despite lapse of several years, the 2[nd] respondent Corporation has not issued appointment orders. Highlighting the grievance, the 1[st] petitioner submitted Ext.P4 representation before the 1[st] respondent. Relying on Exts.P5, P6 and P7 reply received under the Right to Information Act, 2005 the petitioners would contend that there are 193 vacancies of Work Assistants in the 2[nd] respondent Corporation and there are 383 casual labourers working on contract basis. In W.P.(C)No.38007/2017 -6- addition to this, 119 vacancies have already been reported to the 1[st] respondent Commission. The petitioners are seeking a writ of mandamus commanding the respondents to issue appointment orders to them in the light of Ext.P3 and similar advice memos immediately, within a time limit to be fixed by this Court. 2. A counter affidavit has been filed by the 2[nd] respondent opposing the reliefs sought for in this writ petition. The petitioners have also filed a reply affidavit. 3. In **Antony Stejo v. State of Kerala (2019 (1) KLT 556)** , a Division Bench of this Court held that the appellants therein who are candidates included in the ranked list published by the 1[st] respondent Kerala Public Service Commission for the post of Reserve Conductor in the 2[nd] respondent Kerala State Road Transport Corporation, are entitled for appointment. In the said decision, the Division Bench has also placed reliance on the judgment of this Court in **K.P.S.C. Reserve Conductors Rank Holders Assn. and others v. State of Kerala [1996 (2) KLT** **806)** , wherein a Division Bench of this Court held that when the candidates chosen by the Public Service Commission for being W.P.(C)No.38007/2017 -7- recruited to the post of conductor on regular basis, are available, the provisional employees and the empanelled conductors have to vacate their posts for giving room to accommodate regular hands. 4. The learned Standing Counsel for KSRTC would place reliance on the judgment of another Division Bench of this Court in **Kerala State Road Transport Corporation and another v. Soumya (2018 (4) KHC 816)** and would contend that the petitioners, who are candidates advised by the Public Service Commission, for the post of Work Assistant in KSRTC have no legal right to insist that they should be issued with appointment orders, in terms of the advice memos issued by the Public Service Commission. 5. A perusal of the judgment of the Division Bench in **Soumya's case (supra)** would show that in that case this Court was not dealing with the appointment of candidates who have been advised by the Public Service Commission against NCA vacancies. 6. Having considered the submissions made by the W.P.(C)No.38007/2017 -8- learned counsel on both sides, this Court finds that considering the fact that since Ext.P1 notification issued by the Public Service Commission for the post of Work Assistant in KSRTC, is for NCA vacancies, it is for the 2[nd] respondent to take an appropriate decision on the request made by the petitioners and others included in that rank list for appointment based on the advice made by the Public Service Commission vide Ext.P3 and similar advice memos, taking note of the law laid down by this Court in ## **Antony Stejo's case (supra)** . 7. A decision in this regard shall be taken as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- ## **ANIL K. NARENDRAN JUDGE** dsn W.P.(C)No.38007/2017 -9- ## **APPENDIX** **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF GAZETTE NOTIFICATION DATED 13.05.2014 INVITING APPLICATIONS FOR CATEGORY NO.227/2014.** **EXHIBIT P2 TRUE COPY OF THE RANK LIST NO.379/17/ERIV DATED 29.03.2017 PUBLISHED BY THE 1ST RESPONDENT.** - **EXHIBIT P3 TRUE COPY OF ADVICE MEMO DATED 18.08.2017 ISSUED TO THE 1ST PETITIONER.** - **EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 20.11.2017 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE REPLY UNDER THE RTI ACT DATED 18.09.2017.** **EXHIBIT P6 TRUE COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT SUBMITTED BEFORE THE 1ST RESPONDENT ON 27.05.2017.** **EXHIBIT P7 TRUE COPY OF THE REPLY UNDER THE RTI ACT DATED 21.06.2017.** **EXHIBIT P8 TRUE COPY OF STATEMENT DT.23.1.2018.** **RESPONDENTS' EXTS: NIL**