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High Court of KeralaSingle JudgeWrit petition disposed of accordingly.

WPC 35327/2017

Case / Petition Number:WP(C) NO. 35327 OF 2017

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Basant Balaji
Judgment Date
2024-02-19
Court Decision / Holding
The writ petition is disposed of: The court holds that the Kerala State Road Transport Corporation’s Special Regulations (Regulation 2012) prevail over the General Rules due to later enactment and repugnancy principles. The 15% internal recruitment quota must be computed on vacancies available on the date of the notification, not on cadre strength. Ext.P3’s ranked list must be recalibrated to reflect 15% of vacancies available, with necessary PSC advice for those vacancies. The 8 posts promoted under Ext.P4 must be reworked in light of the recalibrated quota; the government/ KSRTC is directed to issue necessary orders within four months from the judgment’s date, and an interim order dated 10.07.2020 in respect of 21 vacancies remains aligned with this direction. The petition is disposed of accordingly.
Final Disposition
Writ petition disposed of accordingly.

Parties to the Case

Appellants / Petitioners

  • Selvakumaran P., S/o Pathalai
  • T. M. Shinu
  • Manoj Kumar R
  • Renjith S
  • Rajeev V.
  • Jayaprakash M
  • Syam Kumar V. S
  • Shibu L.
  • Ratheesh V.
  • Baiju K. P.
  • Sunil Kumar A.
  • Raji R.
  • Suni Kumar I. B.
  • Anil A. P.
  • P. K. Suresh
  • S. Satheesh Sathyan
  • Ashraf M. K.

Respondents

  • Kerala State Road Transport Corporation (KSRTC), Transport Bhavan, Thiruvananthapuram - 695001
  • Kerala Public Service Commission, represented by its Secretary, Pattom, Thiruvananthapuram - 695004
  • Additional Respondent No. 3: Ramesh S.
  • Additional Respondent No. 4: A. Shibu
  • Additional Respondent No. 5: A. Ajith
  • Additional Respondent No. 6: P. Sunil Kumar
  • Additional Respondent No. 7: A. Abdul Nishad
  • Additional Respondent No. 8: V. S. Suresh
  • Additional Respondent No. 9: K. G. Saiju
  • Additional Respondent No. 10: A. Abdul Nishar
  • Additional Respondent No. 11: P. N. Sunilkumar
  • Additional Respondent No. 12: Sajan V. Scaria
  • Additional Respondent No. 13: C. Nishil
  • Additional Respondent No. 14: A. T. Shibu
  • Additional Respondent No. 15: S. Ramesh
  • Additional Respondent No. 16: V. Rajesh
  • Additional Respondent No. 17: B. Anilkumar
  • Additional Respondent No. 18: T. R. Joymon
  • Additional Respondent No. 19: S. Santhosh Kumar
  • Additional Respondent No. 20: Thomas Mathew
  • Additional Respondent No. 21: A. Sajithkumar
  • Additional Respondent No. 22: T. K. Santhosh
  • Additional Respondent No. 23: K. J. Sunil
  • Additional Respondent No. 24: P. Sudhil Prabhanandlal
  • Additional Respondent No. 25: V. Shaji
  • Additional Respondent No. 26: Mohan P. M.
  • Additional Respondent No. 27: Bhadhran P. R.
  • Additional Respondent No. 28: Biji K. K.
  • Additional Respondent No. 29: Koshy T. V.
  • Additional Respondent No. 30: Retnakaran C. K.
  • Additional Respondent No. 31: Shibu K. P.
  • Additional Respondent No. 32: Aji K.
  • Additional Respondent No. 33: Prasad C. P.
  • Additional Respondent No. 34: Ajishkumar C. K.
  • Additional Respondent No. 35: Shaju Lawrence
  • Additional Respondent No. 36: Renjith P. E.
  • Additional Respondent No. 37: Jacob Sam Lopaz
  • Additional Respondent No. 38: Jayakumar K. G.
  • Additional Respondent No. 39: Shaji KuriaKKO
  • Additional Respondent No. 40: T. A. Ubaid
  • Additional Respondent No. 41: Rajesh G.
  • Additional Respondent No. 42: K. Jayakumar
  • Additional Respondent No. 43: V. Sadukumar
  • Additional Respondent No. 44: M. Samuel
  • Additional Respondent No. 45: A. I. V.
  • Additional Respondent No. 46: Mehaboob S.
  • Additional Respondent No. 47: Yusuf K.
  • Additional Respondent No. 48: Thilakan V. S.
  • Additional Respondent No. 49: Jaleel K. M.
  • Additional Respondent No. 50: Anil Kumar P.
  • Additional Respondent No. 51: Manesh R.
  • Additional Respondent No. 52: Tajudheen Sahib
  • Additional Respondent No. 53: Joshy John
  • Additional Respondent No. 54: Pradeep K.
  • Additional Respondent No. 55: Sudarsanan P. (Deleted as per order dated 19/2/24)
  • Additional Respondent No. 56: Muhammed Abdul Nazer V.
  • Additional Respondent No. 57: Sureshkum ar K. K.
  • Additional Respondent No. 58: Radhakrishnan K. P.
  • Additional Respondent No. 59: Shaji A. J.
  • Additional Respondent No. 60: Manojkumar V.
  • Additional Respondent No. 61: Baiju B.
  • Additional Respondent No. 62: Asokan K.
  • Additional Respondent No. 63: Seby K. T.
  • Additional Respondent No. 64: Rajeev R.
  • Additional Respondent No. 65: Udayakumar C.
  • Additional Respondent No. 66: Roy Jacob

Legal Representation & Advocates

Counsels for Petitioners

  • • K. Ramakumar (Sr.)
  • • Asha Babu
  • • R. S. Aswini Sankar
  • • T. H. Aravind
  • • S. M. Prasanth

Counsels for Respondents

  • • T. P. Sajan
  • • P. C. Sasidharan
  • • S. Sajeev Kumar K. Gopal
  • • Deeopu Thankan

Case Synopsis & Summary

This writ petition challenges an order (Ext.P4) issued by KSRTC provisionally promoting eight individuals as Assistant Transport Officers (ATO) in excess of the quota earmarked for internal transfers. The petitioners rely on KSRTC Regulation 2012 (Ext.P1) and the accompanying Notes/Rules to contend that Internal Recruitment must be 15% of vacancies available on the date of notification (as per Ext.P2) rather than 15% of cadre strength. They contend that Ext.P4 violates this, and seeks quashing Ext.P4 and mandamus to restrict appointments to the internal quota while reporting vacancies to the PSC for advice. The respondents argue that Regulation 2012, and the ratio fixed for recruitment (60% promotion, 15% internal transfer, 25% direct recruitment) must be applied to cadre strength, not to vacancies; Rule 5 and its Note (3) fix the method of recruitment and tie the percentages to cadre strength; Note (2) to the Special Rules prevails over Note (3) to Rule 5 when the Special Rules are later. The court analyzes the hierarchy of laws: explicit preference for Special Rules over General Rules in cases of repugnancy, and the coherence of Rule-making with long-standing legal principles. Citing Maya Mathews v. State of Kerala (2010) 4 SCC 498, the judgment holds that subsequent Special Rules prevail over general provisions. It declares that 15% must be calculated on vacancies available on the date of notification and directs reworking of the quota, with orders to be issued within four months and retains interim directions regarding vacancies. The petition is disposed of accordingly.

Provisions of Law Cited

Kerala State Road Transport Corporation (Qualification and Method of appointment of Higher Division Officers) Regulations 2012 (Regulation 2012); Ext.P1Section 45(2)(c) of the Road Transport Corporation Act, 1950Kerala State & Subordinate Services Rules, 1958, Part II, Rule 2Rule 5 (General Rules) and Note (3) to Rule 5Note (2) to Entry 5 of the Table under Rule 3 of the Special Rules

Legal Doctrines & Maxims

  • There is no presumption that a later law repeals an earlier law when both govern the same subject unless the later law clearly expresses such an intention.
  • When two provisions govern a matter, harmonious construction should be adopted to read them together; in case of repugnancy, the later or more specific rule prevails.
  • In case of repugnancy between general and special rules, the special rule typically prevails, and if a later general rule is intended to apply universally, it may prevail only where the intention is explicit.
  • Where a later special law is repugnant to an earlier general law, the later special law prevails over the earlier general law."],
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Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that Ext.P4, issued on 21.10.2017, fringe-promoted eight officers beyond the 15% internal recruitment quota, calculated on cadre strength per the general rules. They rely on Ext.P1 (Regulation 2012) and Note (3) to Rule 5 (General Rules) that fix 15% internal recruitment and contend that, per Rule 2 Part II of the 1958 Rules, Special Rules prevail when in conflict with General Rules. They assert that under Note (2) to Entry 5 of the Table under Rule 3 of the Special Rules, 15% must be computed on vacancies available on the date of notification, not on cadre strength. They invoke Maya Mathews (2010) to support the principle that later special rules override earlier general rules. They therefore seek quashing Ext.P4 and directing reworking of the quota to reflect 15% of vacancies, with PSC advice, ensuring that internal appointments align with the Special Rules, and that any appointments outside this reworked quota be corrected. The court’s approach is to harmonize competing rules, confirm the priority of Special Rules, and ensure a transparent, rule-based recruitment process.

Contentions of Respondents

The respondents contend that Regulation 2012 fixes the recruitment mix (60% promotion, 15% internal recruitment, 25% direct recruitment) and that Rule 5’s Note (3) fixes computation on cadre strength. They argue that the cadre strength constitutes the base for applying the fixed ratios, and that Ext.P2 notification and Ext.P3 ranked list were issued in compliance with these ratios. They assert that Rule 2 Part II of the 1958 Rules gives supremacy to special rules, but here the Special Rules of 2012, being a later framework, are harmonized with the General Rules through established rule-making principles. They rely on Note (3) to Rule 5 and extant statutory provisions to justify calculating 15% of cadre strength and for directing PSC advice for vacancies, contending that the petition’s challenge to Ext.P4 seeks to derail a valid, procedural recruitment mechanism that balances internal, direct, and promotional quotas.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Maya Mathews vs. State of Kerala(2010) 4 SCC 498PositiveCited by the court to support the proposition that when a later special rule is enacted, it prevails over earlier general rules in determining the method and extent of recruitment; the court applied this principle to hold that 15% of vacancies, not cadre strength, govern internal recruitment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

WPC 35327/2017 1 ## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 19[TH] DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 ## WP(C) NO. 35327 OF 2017 ## PETITIONERS: - 1 SELVAKUMARAN P., S/O. PATHALAI, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), MUNNAR DEPOT, RESIDING AT EAST DIVISION, CHOKANAD ESTATE, MUNNAR P.O., IDUKKI DISTRICT. - 2 T.M.SHINU, AGED 40 YEARS, S/O. M.S.MONEY, CONDUCTOR, - KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),CHERTHALA DEPOT, - RESIDING AT THURUTHEL CHIRA,KANNANKARA P.O., ALAPPUZHA - 688 527. - 3 MANOJ KUMAR R, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), CHENGANNOR UNIT, RESIDING AT'MANASA SAROVARAM', KOTTA P.O.,KARAKKAD, PATHANAMTHITTA - 689 504. - 4 RENJITH S, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), ALAPPUZHA DEPOT, RESIDING AT THEKKETTU HOUSE,ERICODU, PUTHUPALLY P.O., - KOTTARYAM DISTRICT. - 5 RAJEEV V., S/O. NARAYANAN NAIR K.M, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),CHALAKKUDY DEPOT, - RESIDING AT VADAKKEDATHU HOUSE, - MARTHOMPILLY KARA, KODAKARA P.O., - THRISSUR - 680 684. - 6 JAYAPRAKASH M, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), CHATHANNOOR UNIT, RESIDING AT THUNDUVILA VEEDU, K.Y.M.A JUNCTION, - PARIPALLY P.O., KOLLAM. - 7 SYAM KUMAR V.S, CONDUCTOR, KERAL STATE ROAD TRANSPORT CORPORATION (KSRTC), ATTINGAL UNIT, RESIDING AT 'SYAM BHAVAN',PARAYATHUKONAM P.O., WPC 35327/2017 2 - KIZHUVILAM - 695 104,THIRUVANANTHAPURAM. - 8 SHIBU L., CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), CHADAYAMANGALAM, RESIDING AT 'ABHINAVAM',KADAKKAVOOR P.O., - THIRUVANANTHAPURAM - 695 306. - 9 RATHEESH V., CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), THIRUVANANTHAPURAM CITY UNIT,RESIDING AT 'KARTHIKA', SREEBHADRA NAGAR,PACHALLOOR P.O., THIRUVANANTHAPURAM - 695 027. - 10 BAIJU K.P., CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), THIRUVANANTHAPURAM CITY UNIT,RESIDING AT PADMA COTTAGE, TC 68/686, THIRUVALLAM P.O., THIRUVANANTHAPURAM - 695 027. - 11 SUNIL KUMAR A., CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), ATTINGAL DEPOT, RESIDING AT VATTAYATHU VEEDU,NADUVILAKKARA, MUKHATHALA P.O., KOLLAM - 691 577. - 12 RAJI R., CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), KOLLAM UNIT, RESIDING AT THANDASSERIL HOUSE,MARU SOUTH, ALUMKADAVU P.O., KARUNAGAPPALY - 690 573. - 13 SUNI KUMAR I.B, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC),VITHURA UNIT, RESIDING AT ARA VEEDU,SASTHAMKAVU, VITHURA P.O, THIRUVANANTHAPURAM -695 551. - 14 ANIL A.P., CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), CHIEF OFFICE, THIRUVANANTHAPURAM,RESIDING AT ATTUKADAVIL VEEDU, KOLLAMPUZHA,ATTINGAL P.O., THIRUVANANTHAPURAM. - 15 P.K.SURESH, CONDUCTOR, KERALA STATE ROAD TRNASPORT CORPORATION(KSRTC), PARASSALA UNIT, RESIDING AT PKS BHAVAN,ARAYOOR P.O., THIRUVANANTHAPURAM - 695 122. - 16 S.SATHEESH SATHYAN, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), VENJARAMOOD UNIT, RESIDING AT SS BHAVAN,KEERPURAM KDAKKAL P.O., KOLLAM - 691 536. - 17 ASHRAF M.K., S/O. M.ABDUL SALAM, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),PAYANNOOR UNIT, RESIDING AT KARIKADAVU P.O.,UDUMBUTHALA, KASARAGOD - 671 311. - BY ADVS. SRI.K.RAMAKUMAR (SR.) SMT.ASHA BABU - SMT.R.S.ASWINI SANKAR SRI.T.H.ARAVIND SRI.S.M.PRASANTH WPC 35327/2017 3 ## SRI.T.RAMPRASAD UNNI SRI.G.RENJITH ## RESPONDENTS: - 1 KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC), TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS MANAGING DIRECTOR. - 2 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM - 695 004. - ADDL. R3. RAMESH S., S/O. M.S.SANKARA NARAYANA PANICKER(L), AGED 45 YEARS, INDIRA BHAVAN, VAZHOOR P.O., KODUMGOOR, KOTTAYAM 686 504. - ADDL. R4. A.T.SHIBU, S/O. A.K.THANKAPPAN, AGED 44 YEARS, AREETHUMBUNKAL, KAIPPATTOOR P.O., ARAKKUNNAM 682 313. - ADDL. R5. A. AJITH, S/O. N.AYYAPPAN PILLAI, AGED 44 YEARS, KENKATHRA HOUSE, PURAKKAD P.O., - AMBALAPPUZHA, ALLEPPY 688 566. - ADDL. R6. P.N.SUNIL KUMAR, S/O. P.K.NARAYANAN, AGED 46 YEARS, PARANATTI HOUSE, KURICHILAKODE, KODANADU P.O., 683 544. - ADDL. R7. A. ABDUL NISHAD, S/O. K.AHAMMED KUNJI, POIKAYIL HOUSE, PATHANCHODU, VALLIKKUNNAM, ALLEPPY 690501 - ADDITIONAL R3 TO R7 IMPLEADED AS PER ORDER DATED 20.11.2017 - IN I.A. NO.18490/2017 IN WPC 35327/2017. - ADDL.R8. V.S.SURESH, ASSISTANT TRANSPORT OFFICER, KSRTC, NILAMBUR, MALAPPURAM DISTRICT, PIN-679329. - ADDL.R9. K.G.SAIJU, ASSISTANT TRANSPORT OFFICER, KSRTC, PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT, PIN-695018. - ADDL.R10 A.ABDUL NISHAR, ASSISTANT TRANSPORT OFFICER, KSRTC, CHERTHALA, ALAPPUZHA, PIN-688 524. - ADDL.R11 P.N.SUNILKUMAR, ASSISTANT TRANSPORT OFFICER, KSRTC, MANANTHAVADY, WAYANAD, PIN-670645. - ADDL.R12 SAJAN.V.SCARIA, ASSISTANT TRANSPORT OFFICER, KSRTC, CHERTHALA, MOOVATTUPUZHA, ERNAKULAM, PIN-686 661. - ADDL.R13 C.NISHIL, ASSISTANT TRANSPORT OFFICER, KSRTC, THAMARASSERY, KOZHIKKODE, PIN-673573. - ADDL.R14 A.T. SHIBU, ASSISTANT TRANSPORT OFFICER, KSRTC, PALA, KOTTAYAM, PIN-686575. - ADDL.R15 S. RAMESH, ASSISTANT TRANSPORT OFFICER, KSRTC, PONKUNNAM, KOTTAYAM DISTRICT, PIN-686506. - ADDL.R16 V. RAJESH, ASSISTANT TRANSPORT OFFICER, KSRTC, ATTINGAL, WPC 35327/2017 4 THIRUVANANTHAPURAM DISTRICT, PIN-695101. - ADDL.R17 B. ANILKUMAR, ASSISTANT TRANSPORT OFFICER, KSRTC, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT, PIN-695521. - ADDL.R18 T.R.JOYMON, ASSISTANT TRANSPORT OFFICER, KSRTC, PARASSALA, THIRUVANANTHAPURAM DISTRICT, PIN-695502. - ADDL.R19 § S.SANTHOSH KUMAR, ASSISTANT TRANSPORT OFFICER, KSRTC,CHITTUR, PALAKKAD DISTRICT, PIN-678101 - ADDL.R20 THOMAS MATHEW, ASSISTANT TRANSPORT OFFICER, KSRTC, PATHANAPURAM, KOLLAM DISTRICT, PIN-689695. - ADDL.R21 A.SAJITHKUMAR, ASSISTANT TRANSPORT OFFICER, KSRTC, NORTH PARUR, PIN-683513, ERNAKULAM DISTRICT. - ADDL.R22 T.K.SANTHOSH, ASSISTANT TRANSPORT OFFICER, KSRTC, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679322. - ADDL.R23 K.J. SUNIL, ASSISTANT TRANSPORT OFFICER, KSRTC, MALA, THRISSUR, PIN-680732. - ADDL.R24 P SUDHIL PRABHANANDALAL, ASSISTANT TRANSPORT OFFICER, KSRTC, VIKASBHAVAN, - THIRUVANANTHAPURAM DISTRICT, PIN-695.033. - ADDL.R25 V SHAJI, ASSISTANT TRANSPORT OFFICER, KSRTC, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690 502. - ADDL.R26 MOHAN P. M., ASSISTANT TRANSPORT OFFICER, KSRTC, PIRAVAM, ERANAKULAM DISTRICT, PIN-686 664. - ADDL.R27 BHADRAN P.R., ASSISTANT TRANSPORT OFFICER, KSRTC, VELLANADU, THIRUVANANTHAPURAM DISTRICT, PIN-695 543., - ADDL.R28 BIJI K. K., ASSISTANT TRANSPORT OFFICER, KSRTC, THOTTILPALAM, KOZHIKKODE DISTRICT. PIN-673 513. - ADDL.R29 KOSHY T.V., ASSISTANT TRANSPORT OFFICER, KSRTC, CHETTAPPALAM HOUSE, VEMOM P.O., PIN-670645, MYSORE ROAD, MANANTHAVADY, WAYANAD DISTRICT - ADDL.R30 RETNAKARAN C. K., ASSISTANT TRANSPORT OFFICER, KSRTC, MALAPPURAM DISTRICT, PIN -676 505. - ADDL.R31 SHIBU K.P., ASSISTANT TRANSPORT OFFICER, KSRTC, PUNALUR, KOLLAM, PIN - 691 305. - ADDL.R32 AJI K., ASSISTANT TRANSPORT OFFICER, KSRTC, CHENGANNUR, ALAPPUZHA, PIN - 699 121. - ADDL.R33 PRASAD C.P., ASSISTANT TRANSPORT OFFICER, KSRTC, KALLAKADA, PIN - 695 572. THIRUVANANTHAPURAM DISTRICT - ADDL.R34 AJISHKUMAR C.K., ASSISTANT TRANSPORT OFFICER, KSRTC, ADOOR, PATHANAMTHITTA DISTRICT, PIN-691 523. - ADDL.R35 SHAJU LAWERENCE, DISTRICT TRANSPORT OFFICER IN CHARGE OF VIGILANCE OFFICER, CHIEF OFFICE, KSRTC, THIRUVANANTHAPURAM DISTRICT, PIN-695 023 - ADDL.R36 RENJITH P.E., ASSISTANT TRANSPORT OFFICER, KSRTC, WPC 35327/2017 5 - KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 691 - ADDL.R37 JACOB SAM LOPAZ, ASSISTANT TRANSPORT OFFICER, KSRTC, THIRUVANANTHAPURAM DISTRICT CITY UNIT, PIN-695 014. - ADDL.R38 JAYAKUMAR K. G., ASSISTANT TRANSPORT OFFICER, KSRTC, KANHANGAD, KASARAGOD DISTRICT, PIN-671531. - ADDL.R39 SHAJI KURIAKKO, ASSISTANT TRANSPORT OFFICER, KSRTC, VELLARADA, PIN - 695 505 THIRUVANANTHAPURAM DISTRICT. - ADDL.R40 T.A. UBAID, ASSISTANT TRANSPORT OFFICER, KSRTC, PALAKKAD DISTRICT, PIN - 678 014 - ADDL.R41 RAJESH G., ASSISTANT TRANSPORT OFFICER, KSRTC, HARIPAD, PIN - 690 514. - ADDL.R42 K JAYAKUMAR, ASSISTANT TRANSPORT OFFICER, KSRTC, SULTHAN BATHERY, WAYANAD DISTRICT, PIN 673 592. - ADDL.R43 V. SADUKUMAR, ASSISTANT TRANSPORT OFFICER, KSRTC, PEROORKKADA, PIN-695 005, THIRUVANANTHAPURAM DISTRICT. - ADDL.R44 M. SAMUEAL, ASSISTANT TRANSPORT OFFICER, KSRTC, CHATHANUR, KOLLAM, 691 572. - ADDL.R45 AJI K. V., DISTRICT TRANSPORT OFFICER, KSRTC, PERUMBAVOOR, PIN683 542. - ADDL.R46 MEHABOOB S., DISTRICT TRANSPORT OFFICER, KSRTC, KOLLAM - 691 013. - ADDL.R47 YUSUF K., DISTRICT TRANSPORT OFFICER, KSRTC, PAYYANNUR, KANNUR-670 307 - ADDL.R48 THILAKAN V.S., DISTRICT TRANSPORT OFFICER, KSRTC, ERATTUPETTA, KOTTAYAM - 686 121. - ADDL.R49 JALEEL K.M., DISTRICT TRANSPORT OFFICER, KSRTC, ANGAMALY, ERNAKULAM 683572 - ADDL.R50 ANILKUMAR P., ASSISTANT TRANSPORT OFFICER, KSRTC, KARUNAGAPPALLY, 690 544. - ADDL.R51 MANESH R., DISTRICT TRANSPORT OFFICER, KSRTC, THODUPUZHA, IDUKKI-685 584. - ADDL.R52 THAJUDHEEN SAHIB, DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM - 682 305. - ADDL.R53 JOSHY JOHN, DISTRICT TRANSPORT OFFICER, KSRTC, KOZHIKODE - 673 001. - ADDL.R54 PRADEEP K., DISTRICT TRANSPORT OFFICER, KSRTC, KANNUR-670002. - ADDL.R55 SUDARSANAN P., DISTRICT TRANSPORT OFFICER, KSRTC, KILIMANOOR, PIN - 695601, THIRUVANANTHAPURAM DISTRICT. *DELETED - *ADDITIONAL RESPONDENT NO.55 DELETED AS PER ORDER DATED 19/2/24 IN IA.1/2023 IN WPC 35327/2017 WPC 35327/2017 6 - ADDL.R56 MUHAMMED ABDUL NAZER V., DISTRICT TRANSPORT OFFICER, KSRTC, KOTTAYAM 686 001. - ADDL.R57 SURESHKUMAR K.K., DISTRICT TRANSPORT OFFICER, KSRTC, NEDUMANGADU, 695 541, THIRUVANANTHAPURAM DISTRICT. - ADDL.R58 RADHAKRISHNAN K.P., DISTRICT TRANSPORT OFFICER, KSRTC, CHALAKKUDY 680 307 - ADDL.R59 SHAJI A.J., DISTRICT TRANSPORT OFFICER, KSRTC, KUMILY, PIN - 685 509. - ADDL.R60 MANOJKUMAR V., DISTRICT TRANSPORT OFFICER, KSRTC, KASARGODE671121. - ADDL.R61 BAIJU B., DISTRICT TRANSPORT OFFICER, KSRTC, THALASSERY, KANNUR 670 101. - ADDL.R62 ASOKAN K., DISTRICT TRANSPORT OFFICER, KSRTC, CHANGANACHERRY, KOTTAYAM PIN-686 101. - ADDL.R63 SEBY K. T., DISTRICT TRANSPORT OFFICER, KSRTC, THRUSSUR - 680 021. - ADDL.R64 RAJEEV R., DISTRICT TRANSPORT OFFICER, KSRTC, THIRUVANANTHAPURAM CENTRAL, 695 014. - ADDL.R65 UDAYAKUMAR C, INCHARGE OF CHIEF TRAFFIC OFFICER, CHIEF OFFICE, KSRTC 695 023, THIRUVANANTHAPURAM DISTRICT. - ADDL.R66 ROY JACOB, DISTRICT TRANSPORT OFFICER, KSRTC, PATHANAMTHITTA - 680 645. - ADDITIONAL RESPONDENTS 8 TO 66 ARE IMPLEADED AS PER ORDER DATED 19/2/2024 IN IA.1/2020 IN WPC.35327/2017 - BY ADVS. SRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION - KSRTC - SRI.P.C.SASIDHARAN, SC, KPSC JOHNSON MATHEW MANAYAN - SRI.SAJEEV KUMAR K.GOPAL SRI.DEEPU THANKAN, SC, KSRTC JEEVAN MATHEW MANAYANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING **`:`** WPC 35327/2017 7 ## JUDGMENT ## (Dated this the 19[th] day of February 2024) ## The writ petition is filed for the following reliefs: “i) to call for the records leading upto Exhibit P4 and quash the same to the extent it makes inroads to the internal recruitment, by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction. ii) To issue a Writ of Mandamus forbearing the KSRTC from making any appointment in the quota earmarked for internal recruitment by promotion either through the Departmental Promotion Committee or otherwise. iii) To issue a Writ of Mandamus or any other appropriate writ, order of direction commanding the 1[st] respondent to report vacancies to the 2[nd] respondent and the 2[nd] respondent in turn to advice the names of the petitioners herein for appointment to the vacancies earmarked for internal recruitment to the posts of Assistant Transport Officer. iv) To declare that the denial of appointment to the petitioners who have already included in the ranked list for internal recruitment to the post of Assistant Transport Officers is violative of Articles 14, 16, 19 and 21 of the Constitution of India” ## 2. As per Ext.P1, the Kerala State Road Transport Corporation (Qualification and Method of appointment of Higher Division Officers) Regulations 2012 has brought into WPC 35327/2017 8 force as order No.3493/GL2/2002/RTC. dated 08.11.2012. per This came into force in the exercise of the regulation powers conferred by clause (c) sub-section (2) of Section 45 of the Road Transport Corporation Act, 1950. Under the head Qualification and Method of appointment, clause (iv) deals with the Assistant Transport Officer. The method of appointment is by two method viz., by Direct Recruitment [25% of vacancies] and by Internal Recruitment [15% of the vacancies from other lower in the among categories operating branch]. Pursuant to this, Ext.P2 notification was issued in the Gazette on 15.11.2013 as category No.401/2013. The name of the post was ‘Assistant Transport Officer (By transferInternal) and the number of vacancies shown was 8. The 2[nd] respondent published Ext.P3- Ranked List which was brought into force with effect from 12.07.2017. The are petitioners included in Ranked list. WPC 35327/2017 9 3. As per Ext.P4, the Kerala State Road Transport Corporation (for short, ‘the Corporation’) by order dated 21.10.2017, provisionally promoted 8 persons as Assistant Transport Officer in excess of the quota stipulated for the by transfer appointments. The petitioners challenge Ext.P4 order. 4. A counter-affidavit is filed on behalf of the 1[st] respondent, in which it is submitted that the sanctioned strength of Assistant Transport Officers is 50. As per Regulation 2012, the percentage of post reserved for promotion is 60%, and that by transfer from internal candidates is 15% and by direct recruitment is 25%. Thus going by the above provision, the number of post earmarked for recruitment by transfer is 15% of the cadre strength i.e., 8 posts and for direct recruitment is 12 posts, i.e., 25%. The Corporation requested the Kerala Public Service Commission to select and issue advice 8 vacancies by internal recruitment WPC 35327/2017 10 and 12 vacancies by direct recruitment. An additional counter affidavit was also filed by the 1[st] respondent. 5. The petitioners filed reply affidavit to the counteraffidavit. 6. On going by Ext.P1 regulation, the only question is to be decided is whether the post of Assistant Transport Officer is to be filled by 15% of the vacancies by internal recruitment or by 15% of the cadre strength. According to the petitioner the 15% has to be taken as the number of vacancies available and not as cadre strength. 7. The Standing Counsel for the Corporation submits that it is the cadre strength that has to be taken and not the vacancies available for internal recruitment. 8. Rule 2 Part II of Kerala State & Subordinate Services Rules,1958 reads as follows: 2. Relation to the Special Rules : If any provision in the general rules contained in the Part is repugnant to a WPC 35327/2017 11 provision in the Special Rules applicable to any particular service contained in Part III, the latter shall, in respect of that service, prevail over the provision in the general rules in this part. ## Rules 5 deals with the Method of recruitment. A note (3) to ## Rule 5, reads as follows: (3) Whenever a ratio or percentage is fixed for different methods of recruitment/appointment to a post the number of vacancies to be filled up by candidates from each method shall be decided by applying the fixed ratio or percentage to the cadre strength of the post to which the recruitment/transfer is made and not to the vacancies existing at that time. Relying on Note (3), that the respondents have sought to fill 8 vacancies by Ext.P2 notification. 9. The counsel for the petitioners relied on the judgment of the Apex Court in Maya Mathews vs. State of Kerala ((2010) 4 SCC 498), and contended for the preposition that when Special Rules are framed later in point of time to General Rules, the Special Rules will prevail over the General Rules. Hence, Ext.P1 regulation issued by the Corporation in WPC 35327/2017 12 the year 2012 will prevail over the General Rules. Therefore, 15% has to be taken from the number vacancies available and not from the cadre He relies on strength. paragraphs 10,11,12 and 23, which read as follows: “10. The question for consideration is whether the respondents were justified in determining the number of posts to be filled by direct recruitment, and posts to be filled by transfer from the three transfer categories, by applying the prescribed ratio of 5:1:1:1 to the existing vacancies instead of the cadre strength. 11. In this case, the general law contained in Note (3) to Rule 5 of the General Rules, came into effect in the year 1992. On the other hand, Note (2) to Entry 5 of the Table under Rule 3 of the Special Rules which is repugnant to Note (3) to Rule 5 of the General Rules came into effect on 12-4-1999. 12. The rules of interpretation when a subject is governed by two sets of rules are well settled. They are: (i) When a provision of law regulates a particular subject and a subsequent law contains a provision regulating the same subject, there is no presumption that the latter law repeals the earlier law. The rulemaking authority while making the later rule is deemed to know the existing law on the subject. If the subsequent law does not repeal the earlier rule, there can be no presumption of an intention to repeal the earlier rule; WPC 35327/2017 13 (ii) When two provisions of law-one being a general law and the other being a special law govern a matter, the court should endeavour to apply a harmonious construction to the said provisions. But where the intention of the rule-making authority is made clear either expressly or impliedly, as to which law should prevail, the same shall be given effect. (iii) If the repugnancy or inconsistency subsists in spite of an effort to read them harmoniously, the prior special law is not presumed to be repealed by the later general law. The prior special law will continue to apply and prevail in spite of the subsequent general law, But where a clear intention to make a rule of universal application by superseding the earlier special law is evident from the later general law, then the later general law, will prevail over the prior special law. iv) Where a later special law is repugnant to or inconsistent with an earlier general law, the later special law will prevail over the earlier general law. xxx xxx xxx 23.When the rule-making authority being aware of the existence of Note (3) to Rule 5 of the General Rules, chooses to subsequently make a contrary provision in the Special Rules, it is to be inferred that the subsequent rule is intended to prevail over the general rule. We therefore hold that Note (2) to Entry 5 of the Table under Rule 3 of the Special Rules will prevail over Note (3) to Rule 5 of the General Rules". 10. Thus, going by Rule 2 Part II of the Kerala State & Subordinate Services Rules, 1958, as well as the decision WPC 35327/2017 14 mentioned above, I am of the considered opinion that the rule applicable is the Special Regulations, whereby the internal recruitment is to be from the 15% of the vacancies available as on the date of the notification and not from the cadre made in excess of the are strength. Any appointments quota illegal and not in order. 11. Therefore, it is declared that the appointments as per Ext.P3 Ranked list have to redo, taking into account the 15% of the vacancies available. Through an interim order passed by this Court on 10.07.2020, the 1[st] respondent was directed to provisionally report 21 vacancies to the Kerala Public Service Commission, and it was made clear that the advice memo shall not be issued till further orders are passed by this Court. 12. When this Court holds the view that the 15% vacancies have to be taken into consideration, necessarily, all WPC 35327/2017 15 vacancies that arose during the currency of the ranked list, taking 15% vacancies as criteria, necessary advice memos shall be issued to those candidates. The 1[st] respondent shall rework the quota. Appointments, if any, given to the persons by direct recruitment or by promotion in any of the vacancies available to the internal recruitment shall be persons by reworked, and necessary orders shall be issued within a period of four months from the date of receipt of a copy of the judgment. Writ petition is disposed of accordingly. Sd/- BASANT BALAJI JUDGE JS WPC 35327/2017 16 ## APPENDIX OF WP(C) 35327/2017 ## PETITIONER EXHIBITS - Exhibit P7 TRUE COPY OF MEMORANDUM NO._554/GL2/2022/RTC DATED 10..11..2023 ISSUED BY THE KSRTC - EXHIBIT P1 TRUE COPY OF ORDER NO. 3493/GL2/2002/RTC DATED 08.11.2012 ISSUED BY THE 1ST RESPONDENT. - EXHIBIT P2 TRUE COPY OF NOTIFICATION ISSUED BY THE 2ND RESPONDENT. - EXHIBIT P3 TRUE COPY OF RANKED LIST PREPARED BY THE 2ND RESPONDENT. - EXHIBIT P4 TRUE COPY OF ORDER NO. 1002/GL2/2017/RTC DATED - 21.10.2012 ISSUED BY THE 1ST RESPONDENT. - EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. - EXHIBIT P6 TRUE COPY OF THE ORDER NO.1002/GL2/2017.TRC DATED 06.12.2017 ISSUED BY THE KSRTC ## RESPONDENT EXHIBITS - EXHIBIT R3(A) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON’BLE COURT IN I.A NO.13680/2017 IN WPC 19430/2017 - EXHIBIT R3(B) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER - EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT DATED 26.10.2017 IN RP 929/2017 IN WPC 23331/2017