Mithun E and Others v. Kerala Public Service Commission and Regional Officer, KPSC and Malabar Cements Limited
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Anu Sivaraman
- Judgment Date
- 2021-04-09
- Court Decision / Holding
- The writ petition is allowed. The court directs the 3rd respondent to immediately appoint the petitioners in accordance with the PSC’s advice; if any petitioner is not required, they shall be discharged for want of vacancy. The PSC shall thereafter re‑advise the petitioners for appointment in other available vacancies, and the petitioners shall be entitled to reckon their date of advice in the 3rd respondent in terms of the proviso to Rule 27(c). The appointment and discharge must be completed within four weeks from receipt of a copy of the judgment.
- Final Disposition
- Writ petition allowed; directions issued to appoint petitioners in PSC-advised vacancies and to re-advise elsewhere if needed; date of advice to be reckoned under Rule 27(c) proviso; four-week compliance window.
Parties to the Case
Appellants / Petitioners
- Mithun E
- Unais P
- Thripthi A.K.
- Vinitha T.G.
- Midhun Sajeev
- Arun Suresh
- Rahul M.S.
- Ajasion J.A.
- Anusha M.
- Sujith S.PillaI
Respondents
- Kerala Public Service Commission represented by its Secretary, Pattom, Thiruvananthapuram-695 004
- Regional Officer, Kerala Public Service Commission, Regional Office, Kollam-691 001
- Malabar Cements Limited, Walayar, Palakkad-678 624, represented by its Managing Director
Legal Representation & Advocates
Counsels for Petitioners
- • P. Nandakumar
- • Amrutha Sanjeev
Counsels for Respondents
- • P. C. Sasidharan
- • Latha Anand
Case Synopsis & Summary
This writ petition challenges the response of Malabar Cements Limited (3rd respondent) and the Kerala Public Service Commission (1st and 2nd respondents) to a list of vacancies advised in 2017-18 for various posts including Clerk Grade I and Time Keeper Grade II. The petitioners, listed as 1 through 10, were included in the ranked list and were advised for appointment on 29.09.2020 against the vacancies reported by the 3rd respondent. Although 15 candidates were advised, only one was ultimately appointed, and the company then claimed financial stringency and refused further appointments, arguing that reducing or abolishing posts requires government sanction and would affect the entire candidate pool. The petitioners seek a mandamus directing the respondents to re‑advise them in existing vacancies without affecting their original seniority and to reckon their date of advice. Respondents contend no vacancies exist or can be filled due to losses, and that delaying or cancelling appointments would preserve the company’s finances. The court notes that sanction to reduce/abolish posts is required and that the proviso to Rule 27(c) of Part II KS & SSR governs seniority by date of first effective advice. Relying on KSRTC v. Soumya (2018 (4) KHC 816), the court holds that petitioners should not suffer due to the 3rd respondent’s financial position. The petition is allowed with directions for immediate appointment and, if not needed, discharge; PSC to re‑advise in other vacancies; date of advice to be reckoned under the proviso; four‑week compliance window.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners submit that 21 vacancies were reported to the PSC in 2017-18 against which the PSC prepared a ranked list. Although appointments were made for some, the 3rd respondent later refused to appoint the rest on grounds of financial stringency, claiming that not enough funds exist to hire more permanent staff. They contend that cancelling or altering the advised candidates’ positions would undermine their right to appointment and seniority, and seek a mandamus to re‑advise them in available vacancies without affecting their seniority, with their dates of advice reckoned under the proviso to Rule 27(c) of Part II KS & SSR. They rely on Ext.P8 (Judgment in WA No.1569 of 2018) and KSRTC v. Soumya for guidance on protecting the ad‑hoc right to appointment and seniority.
Contentions of Respondents
The respondents argue that despite reported vacancies, the company has suffered financial losses and cannot appoint additional staff. They contend that allowing re‑advice or admission of new candidates would worsen the financial position and disrupt the PSC’s process. They maintain that government sanction is required to reduce or abolish posts and that the petitioners’ requests would upset the ongoing selection process and the normal functioning of the institution. They challenge Ext.P8 as not controlling authority for refusing to honor reported vacancies and emphasize that appointments must align with the company’s financial viability and sanctioned posts.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| KSRTC and another v. Soumya and others | 2018 (4) KHC 816 | Positive | The court explicitly states it is supported by the directions in this division bench decision, using it as authority for protecting the petitioners' right to appointment and seniority and for appropriate directions. |
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