Kerala High Court
Unknown vs Present on 15 October, 2018
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 15TH DAY OF OCTOBER 2018 23RD ASWINA, 1940
WP(C).No. 38944 of 2016
PETITIONERS
1 SREEKALA .K
AGED 39 YEARS W/O. MAHESH KUMAR,
KALA BHAVAN, KAZHAKUNNU,
CHULLIMANOOR PO., NEDUMANGAD,
THIRUVANANTHAPURAM.
2 SYAM KUMAR.C.S
AGED 34 YEARS, S/O. G. CHELLAKUTTAN NAIR,
REVATHY BHAVAN, TC 64/1881 (1),
PTHICHAL VEEDU, THIRUVALLAM,
THIRUVANANTHAPURAM
3 MAHESH KUMAR.A
AGED 40 YEARS, S/O. AYYAPPAN CHETTIYAR,
VISHNU MANDIRAM, TC 54/742(1),
KULATHINKARA, NADUVATH,
NEMOM PO., THIRUANANTHAPURAM
BY ADVS.SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
SRI.ADITHYA RAJEEV
RESPONDENTS:
1. THE KERALA STATE ROAD TRANSPORT CORPORATION LTD.(KSRTC),
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM-695023.
2. THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION LTD. (KSRTC)
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM-695023
3. THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM PALACE PO.,
THIRUVANANTHAPURAM, PIN-695004
4. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION,
PATTOM PALACE PO., THIRUVANANTHAPURAM, PIN-695004
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 2
5. THE REGIONAL OFFICER
KERALA PUBLIC SERVICE COMMISSION
REGIONAL OFFICE, CORPORATION BUILDING,
KOLLAM-691001
R1 & R2 BY ADV. SHRI.T.P SAJAN, SC, KSRTC
ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
R3-R5 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25-07-2018, ALONG WITH WPC NOS.10045, 10698 AND 29690/2017 & 636/2018
THE COURT ON 15-10-2018, DELIVERED THE FOLLOWING:
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940
WP(C).No. 10045 of 2017
PETITIONERS:
1 LINISH K.
AGED 41 YEARS,S/O. ACHUTHAN
KAVALANCHERY HOUSE
VALLASSERY (P.O.)
KOZHIKODE DISTRICT
2 BIJEESH KUMAR.P.P
AGED 37 YEARS, S/O.BHASKARAN.P.,
PUNATHIL HOUSE,
KONOT.P.O.,
KUNNAMANGLAM VIA,
KOZHIKODE DISTRICT
3 SUNIL KUMAR
AGED 42 YEARS, S/O MADHAVAN NAIR.M
MELEDATH HOUSE,
MALAPRAM,
CHERUPPA.P.O.
KOZHIKODE DISTRICT
4 KRISHNA DASAN.P
AGED 40 YEARS,
S/O. RAVEENDRAN.E
PERUPILAVIL HOUSE
MEENCHANDA,
ARTS COLLEGE P.O.
KOZHIKODE DISTRICT
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 4
5 RAJESH.M.K
AGED 38 YEARS, S/O. GOPALAN
MEETHALEKUZHIYIL PUTHOORVATTAM
THRUTHIYAD
KOZHIKODE DISTRICT
BY ADVS.
SRI.P.V.KUNHIKRISHNAN
SRI.P.V.ANOOP
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM- 695 001
2 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY
THIRUVANANTHAPURAM- 695 001
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY
TRANSPORT (A) DEPARTMENT, THIRUVANANTHAPURAM-
695 001
BY ADVS.
R1 BY SHRI.T.P SAJAN, SC, KERALA STATE ROAD
TRANSPORT CORPORATION - KSRTC
R2 BY SRI P.C.SASIDHARAN (SC)
R3 BY SR.GOVERNMENT PLEADER SHRI BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.07.2018, ALONG WITH WP(C).38944/2016, WP(C).10698/2017,
WP(C).29690/2017, AND WP(C).636/2018, THE COURT
15.10.2018 DELIVERED THE FOLLOWING:
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY ,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940
WP(C).No. 10698 of 2017
PETITIONER:
1 KISHORE K.,
S/O KARUNAKARAN PILLAI, KAIPPALLIL VEEDU,
KOLLAM DISTRICT.
2 BINUKUMAR
S/O SADANANDAN CHETTIYAR, VAYALITHARA VEEDU,
KOLLAM DISTRICT.
3 BALAGOPAL K.R.
S/O K.RAMACHANDRAN NAIR, THIRUVONAM, MLR-22(A),
MANGALAM LANE, SASTHAMANGALAM
THIRUVANANTHAPURAM DISTRICT.
4 ABHILASH B.S.
S/O ARAVINDAKSHAN, PAIGANDAPADINAJATTETIL,
VADAKKUMBHAGOM, CHAVARA SOUTH P.O. KOLLAM
DISTRICT.
5 ANOOP B.S.
S/O BALAKRISHNAN, LATHA SADANAM, CHEMMAKKAD
P.O. PERINAD, KOLLAM DISTRICT.
6 PRAVDA.R.
SREENILAYAM, AYIRANELOOR P.O.
EDAMON-34, KOLLAM DISTRICT.
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 6
7 ARUN K.S.
ARUN NIVAS, NEAR POST OFFICE,
DHANUVACHAPURAM P.O. THIRUVANANTHAPURAM- 695
503
8 GIRISH KUMAR K.S.
KODDARAPPALLY HOUSE, T.V. PURAM P.O.
VAIKOM- 686 606, KOTTAYAM DISTRICT.
BY ADV. SRI.O.D.SIVADAS
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT HOUSE, THIRUVANANTHAPURAM- 695 001
REPRESENTED BY ITS MANAGING DIRECTOR
2 THE MANAGING DIRECTOR
KERALA STATE TRANSPORT CORPORATION, TRANSPORT
HOUSE, THIRUVANANTHAPURAM- 695 001
3 KERALA PUBLIC SERVICE COMMISSION
PATTOM, THIRUVANANTHAPURAM- 695 004
REPRESENTED BY ITS SECRETARY
BY ADVS.
R1 & R2 BY SHRI.T.P SAJAN, SC, KERALA STATE ROAD
TRANSPORT CORPORATION - KSRTC
R3 BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.7.2018, ALONG WITH WP(C).38944/2016, WP(C).10045/2017,
WP(C).29690/2017, AND WP(C).636/2018, THE COURT ON
15.10.2018 DELIVERED THE FOLLOWING:
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY ,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940
WP(C).No. 29690 of 2017
PETITIONER:
SOUMYA C.R
W/O. VIVEK.V.S., SREE NIKETHAN,
VENGANNOOR PO.,THIRUVANANTHAPURAM DISTRICT
BY ADVS.
SRI.V.G.ARUN
SRI.ADITHYA RAJEEV
SRI.ARJUN RAGHAVAN
SRI.T.R.HARIKUMAR
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION LTD
(KSRTC), REPRESENTED BY ITS MANAGING
DIRECTOR,TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM PIN-695023
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION
LTD(KSRTC),
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANANTHAPURMAPIN-695023
3 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,PATTOM PALACE PO.,
THIRUVANANATHAPURMA PIN-695004
4 THE SECRETARY
KERALA PUBLIC SERVICE COMMISSION,PATTOM PALACE
PO., THIRUVANANTHAPURAM PIN-695004
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 8
5 THE REGIONAL OFFICER
KERALA PUBLIC SERVICE COMMISSION
REGIONAL OFFICE, CORPORATION BUILDING,
KOLLAM PIN-691001
BY ADVS.
R1 & R2 BY SHRI.T.P SAJAN, SC, KERALA STATE
ROAD TRANSPORT CORPORATION - KSRTC
R3 TO R5 BY SRI P.C.SASIDHARAN (SC, PSC)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.7.2018, ALONG WITH WP(C).38944/2016, WP(C).10045/2017,
WP(C).10698/2017 AND WP(C).636/2018, THE COURT ON
15.10.2018 DELIVERED THE FOLLOWING:
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY ,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940
WP(C).No. 636 of 2018
PETITIONER:
ANTONY STEJO J
AGED 37,
S/O LATE. JOHN PV,
PULIKKAL HOUSE,
SAKTHI NAGAR,
KANJIKODE WEST, PALAKKAD.678623,(PRESENTLY
RESIDING AT THURUTHOOR,
PUTHENVELIKKARA PO,NORTH PARUR, ERNAKULAM-
683594.
BY ADVS.
SRI.K.S.MADHUSOODANAN
SMT.S.JESSIN
SRI.K.S.MIZVER
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
RESPONDENT/S:
1 STATE OF KERALA
TO BE REPRESENTED BY SECRETARY,
TRANSPORT DEPARTMENT,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM.695001.
2 KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
REPRESENTED BY MANAGING DIRECTOR.695023.
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 10
3 KERALA PUBLIC SERVICE COMMISSION
PATTOM, THIRUVANANTHAPURAM.695001,.REPRESENTED
BY SECRETARY.
BY ADVS.
R1 BY SMT.MABLE C.KURIAN GOVERNMENT PLEADER
R2 BY SHRI.T.P SAJAN, SC, KERALA STATE ROAD
TRANSPORT CORPORATION - KSRTC
R3 BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.7.2018. ALONG WITH WP(C).38944/2016, WP(C).10045/2017,
WP(C).10698/2017, WP(C).29690/2017,THE COURT ON 15.10.2018,
DELIVERED THE FOLLOWING:
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 11
JUDGMENT
The issue raised in this batch of writ petitions relates to direct recruitment to the post of Reserve Conductor in the Kerala State Road Transport Corporation, vide Gazette notification dated 31.12.2010 issued by the Kerala Public Service Commission. Since common issues are raised, these writ petitions, which were heard together, are being disposed of by this common judgment.
2.1. W.P.(C)No.38944 of 2016:- The petitioners are ranked 14531, 14567 and 34118 in Ext.P1 ranked list published by the Kerala Public Service Commission on 09.05.2013 for direct recruitment to the post of Reserve Conductors in the Kerala State Road Transport Corporation (for brevity, 'KSRTC'). The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to fill up 4556 NJD vacancies in the post of Conductor in KSRTC by advising the candidates from Ext.P1 ranked list. The further reliefs sought for are a writ of mandamus commanding W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 12 respondents 3 to 5 to accept all relinquishment letters received from the candidates advised from Ext.P1 ranked list to NJD vacancies reported on 12.10.2014, 22.06.2015, 22.09.2015, 12.05.2016 and 28.06.2016 and to fill up the consequential vacancies from the said ranked list, forthwith; a writ of mandamus commanding respondents 1 and 2 to terminate the service of 4301 empanelled conductors immediately and to report the consequent vacancies to respondents 3 to 5; a writ of mandamus commanding respondents 3 to 5 to advice candidates from Ext.P1 ranked list to the vacancies reported by respondents 1 and 2, consequent to termination of empanelled conductors from service; and a writ of mandamus commanding respondents 1 and 2 to report the vacancies in the post of Conductors that has arisen due to resignation of persons advised and appointed from Ext.P1 ranked list, effectuating advice and appointment to those vacancies by respondents 3 to 5, from Ext.P1 ranked list.
2.2. On 21.2.2016, when this writ petition came up W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 13 for consideration along with W.P.(C)No.35540 of 2015, KSRTC was directed to file a statement disclosing its stand that the reporting of 9300 vacancies in the post of Reserve Conductor to the Public Service Commission was on account of a mistake and that, actual vacancies were only 3808; and also the number of vacancies that has arisen after reporting 9300 vacancies to the Public Service Commission, and the non-joining duty vacancies of persons appointed pursuant to the advice. Since the ranked list published by the Public Service Commission was due to expire on 31.12.2016, the Registry was directed to place the writ petitions before Vacation Court on 27.12.2017.
2.3. On 30.12.2016, this Court issued notice before admission in this writ petition and passed an interim order directing respondents 1 and 2 to report 2500 vacancies of Reserve Conductors in KSRTC to the Public Service Commission on or before 5.00 pm on 31.12.2016. Such an order was issued taking note of the stand taken in the statement filed on behalf of KSRTC that 4556 W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 14 candidates did not join duty in spite of advice. In the order dated 30.12.2016, this Court has made it clear that reporting of the vacancies are purely provisional in nature and does not in any manner grant the petitioners any vested right against such reported vacancies. The question as to whether such vacancies are available would also be required to be considered at the time when the writ petition is finally heard and until such time, no appointment can be made against those vacancies.
2.4. Opposing the reliefs sought for in this writ petition, a statement has been filed on behalf of respondents 1 and 2, which was followed by a reply affidavit filed by the petitioner. The 1st respondent has also filed a counter affidavit.
3.1. W.P.(C)No.10045 of 2017:- The petitioners in this writ petition submitted their application pursuant to Ext.P1 Gazette notification dated 31.12.2010 issued by the Public Service Commission for direct recruitment to the post of Reserve Conductors in KSRTC. The W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 15 petitioners, who were included in the ranked list published by the Public Service Commission, were advised against 4051 NJD vacancies, vide Exts.P4 to P8 advice dated 31.12.2016. The grievance of the petitioners is that they are denied appointment by KSRTC on the ground that reporting of 9383 vacancies to the Public Service Commission was by mistake. The petitioners have filed this writ petition seeking a writ of mandamus commanding KSRTC to appoint them as Reserve Conductors forthwith, based on Exts.P4 to P8 advice issued by the Public Service Commission.
3.2. On 10.04.2017, this Court admitted the writ petition on file. The learned counsel for the petitioners pointed out that, while KSRTC declined appointment to candidates advised for appointment by the Public Service Commission on the ground that there are no vacancies, steps are being taken to regularise the provisional and empanelled employees. In such circumstances, this Court granted an interim order directing KSRTC to refrain from regularising the W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 16 service of provisional/empanelled employees, without orders from this Court.
3.3. A counter affidavit has been filed by the 1 st respondent KSRTC opposing the reliefs sought for in this writ petition. The petitioner has also filed a reply affidavit.
4.1. W.P.(C)No.10698 of 2017:- The petitioners who are candidates included in the ranked list published by the Public Service Commission for direct recruitment to the post of Reserve Conductors in KSRTC have filed this writ petition seeking a writ of mandamus commanding respondents 1 and 2 to appoint them and other advised candidates to the post of Reserve Conductor in KSRTC, forthwith; and an order restraining respondents 1 and 2 from engaging temporary hands as conductors till the candidates advised by the Public Service Commission are appointed in service.
4.2. On 10.04.2017, when this writ petition came up for consideration along with W.P.(C)No.10045 of 2017, this Court granted an interim order directing W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 17 KSRTC to refrain from regularising the service of provisional/empanelled employees, without orders from this Court.
4.3. A counter affidavit has been filed on behalf of respondents 1 and 2 opposing the reliefs sought for in this writ petition.
5.1 W.P.(C)No.29690 of 2017:- The petitioner, who is included in the ranked list published by the Public Service Commission on 09.05.2013 for direct recruitment to the post of Reserve Conductors in KSRTC, with rank No.9584 in the main list, has filed this writ petition seeking a writ of mandamus commanding the respondents to fill up 4556 NJD vacancies in the post of Conductor in KSRTC by advising candidates from Ext.P1 ranked list. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to terminate the service of 4301 empanelled conductors immediately and to report the consequent vacancies to respondents 3 to 5; and a writ of mandamus commanding respondents 1 and 2 to appoint the petitioner in the post of Reserve W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 18 Conductor on the basis of Ext.P3 advice memo.
5.2. A counter affidavit has been filed by the 2 nd respondent opposing the reliefs sought for.
6.1. W.P.(C)No.636 of 2018:- The petitioner, who is included in the ranked list published by the Public Service Commission for direct recruitment to the post of Reserve Conductors in KSRTC has filed this writ petition seeking a writ of mandamus commanding the 2nd respondent to appoint him as Reserve Conductor pursuant to Ext.P3 advice memo dated 31.12.2016 issued by the Public Service Commission, subject to the conditions in Ext.P1 Gazette notification dated 31.12.2010. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to compensate him for the loss suffered consequent to the delay in giving appointment pursuant to Ext.P3 advice memo.
6.2 On 09.02.2018, when this writ petition came up for admission, this Court admitted the matter on file. The learned counsel for the petitioner, with reference to the averments in the writ petition, pointed out that W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 19 around 5000 casual Conductors are presently working in KSRTC and steps are being taken to regularise such casual Conductors. The learned Standing Counsel for KSRTC submitted that there is already an interim order in W.P.(C)No.10045 of 2017, whereby KSRTC has been interdicted from regularising any such casual employees. The said submission made by the learned Standing Counsel was recorded and the respondents were directed to file counter affidavit within three weeks.
6.3. A counter affidavit has been filed by the 2 nd respondent KSRTC opposing the reliefs sought for in this writ petition. A counter affidavit on behalf of the 3rd respondent Public Service Commission is also placed on record. The petitioner has filed a reply affidavit to the counter affidavit filed by the 2nd respondent.
7. Heard the learned counsel for the petitioners in the respective writ petitions, the learned Standing Counsel for KSRTC and also the learned Standing Counsel for Kerala Public Service Commission. W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 20
8. The pleadings and materials on record would show that, vide Gazette notification dated 31.12.2010 (Ext.P1 in W.P.(C)No.10045 of 2017) the Public Service Commission invited online application from qualified candidates for selection to the post of Reserve Conductor in KSRTC, with a scale of pay of Rs.5250- 10900. As per the said notification, Reserve Conductors will be regularised as Conductor Gr-II on completion of 240 days of duty. During the reserve period, they will be paid 1/26 of the minimum scale of pay plus admissible dearness allowance. As per the said notification, the list of selected candidates published by the Public Service Commission shall remain in force for a minimum period of one year and a maximum period of three years, provided that the list will not continue to be in force, if a new ranked list, after the minimum period of one year is published, and candidates will be advised against the vacancies reported during the period of pendency of that ranked list.
W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 21
9. Pursuant to Ext.P1 notification, the petitioners in these writ petitions submitted online applications. The Commission conducted OMR Test in 3 phases on 12.05.2012, 26.05.2012 and 09.06.2012, and a probability list was published on 15.12.2012. After certificate verification and physical measurements, the ranked list was published on 09.05.2013, consisting of 36468 candidates in the main list and 17432 candidates in various supplementary lists. The Commission published a ranked list (Ext.P1 in W.P.(C)No.38944 of 2016) of candidates for the post of Reserve Conductor found suitable and arrayed in the order of merit, based on the OMR Test held on 09.06.2012. The said ranked list came into force with effect from 09.05.2013 and the petitioners in these writ petitions find a place in that ranked list.
10. The petitioners in W.P.(C) No.38944 of 2016 would contend that, out of 3808 candidates, who were advised for appointment, 1420 candidates did not report for joining duty, resulting 1420 NJD vacancies. W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 22 Additionally, there were 134 anticipated vacancies for the year 2014. Instead of setting apart the NJD vacancies to be filled up later, the Public Service commission proceeded to fill up 1554 vacancies (1420+134) from candidates rank listed 3809 onwards, based on the request made by KSRTC. In Ext.P2 order dated 10.10.2012 the said request of the Corporation was sanctioned on condition that 1420 NJD vacancies would be compensated later. Accordingly, appointment orders were issued to candidates rank listed 3809 onwards. However, 722 candidates did not join duty, resulting 722 NJD vacancies. The petitioners would contend that out of a total of 4556 NJD vacancies that had arisen after Ext.P2 order, advice was made only against 4029 vacancies. The petitioner would also contend that though more than 2000 candidates have already relinquished their claim for appointment, the Public Service Commission accepted relinquishment of only 77 candidates. Relying on Ext.P4 reply obtained under the Right to Information Act, 2005, Ext.P5 un- W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 23 starred question in the 2nd Legislative Meeting of the 14th Assembly, and also Ext.P7 reply received under the Right to Information Act (produced along with the reply affidavit) the petitioners would contend that they are entitled for appointment as Reserve Conductor after terminating the service of Empanelled Conductors. Similar contentions have been raised by the petitioners in W.P.(C) Nos.10045 of 2017, 10698 of 2017 and 29690 of 2017. The petitioners in W.P.(C) No.636 of 2018 would contend that despite Ext.P3 advice made by the Public Service Commission, KSRTC has not issued appointment orders to none among the candidates advised against 4051 NJD vacancies, with an intention not to disturb 5000 casual conductors. In support of the said contention, the petitioners would place reliance on Ext.P5 press report dated 19.12.2017. In the reply affidavit, the petitioners would contend that the alleged reporting of excess vacancies, as stated in the counter affidavit filed by KSRTC, is absolutely without any basis. The petitioners would also contend that the W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 24 very admission in the counter affidavit filed by KSRTC that there are 4275 empaneled conductors on daily wages seeking regularisation under Ext.R2(j) Bipartite settlement speaks the malicious act of the Corporation with Trade Unions for facilitating back door entry.
11. Going by the counter affidavit filed by the 3rd respondent Public Service Commission in W.P. (C)No.636 of 2018, at the time of publication of the ranked list 450 NJD vacancies were available for filling up from that list. On 17.12.2010 KSRTC reported 365 NJD vacancies. Thereafter, on 29.08.2011, 1257 NJD vacancies and 6888 fresh vacancies were reported, which was followed by the reporting of 423 fresh vacancies on 16.10.2011. Therefore, total vacancies reported by KSRTC is 9378. However, on 05.06.2012, the Chairman and Managing Director of KSRTC informed the Public Service Commission that there exists only 3808 vacancies of Reserve Conductors, which include 1257 NJD vacancies, which has already been reported and 2551 fresh vacancies. A revised proforma was also submitted to W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 25 the Public Service Commission intimating that there exists only 2551 fresh vacancies and 1257 NJD vacancies and the commission was requested to reduce the advice to 3808 candidates from the ranked list. However, the aforesaid the request made by KSRTC was not acceded to by the Commission, since the vacancies once reported cannot be reduced or cancelled. Therefore, the Commission advised 9300 candidates as on 05.09.2013 against 9378 vacancies reported by KSRTC. However, KSRTC issued appointment orders only to 3808 candidates and then reported 1420 NJD vacancies and requested permission of the Commission to fill up those NJD vacancies and also 134 anticipated vacancies for the period from 01.01.2014 to 31.12.2014, totalling 1554 from the advice list already issued on 05.09.2013. The Commission, vide decision No.35 dated 22.09.2014, directed KSRTC to issue appointment orders to candidates as per their seniority in the advice list dated 05.09.2013 from Sl.Nos.3809 onwards against the existing 1554 vacancies and for the arising NJD W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 26 vacancies, until all 9300 candidates are appointed. Since a number of addendum/erratum notifications were issued for the ranked list published on 09.05.2013, the rotation approved on 05.09.2013 was revised to include 78 fresh vacancies and also 134 anticipated vacancies and the revised rotation including 9512 candidates was approved on 01.09.2016. KSRTC reported 4030 NJD vacancies in different stages, out of which 6 NJD vacancies were cancelled due to various reasons. The Commission issued memo to 44 candidates, who were included in the revised rotation, out of which 27 candidates did not respond. As per order dated 30.11.2016 those vacancies were treated as NJD vacancies. Thus, the total number of NJD vacancies became 4051. Review rotation for 4051 NJD vacancies was approved on 31.12.2016 and advice memos were issued accordingly. The total number of advice made is 13563. According to the Public Service Commission, no other vacancies are pending for advice. By the interim order dated 30.12.2016 in W.P.(C)Nos.35540 of 2015 and 38944 W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 27 of 2016, this Court directed KSRTC to report 2500 vacancies to the Commission on or before 31.12.2016. In the said order, it was made clear that the reporting of such vacancies will be provisional and whether such vacancies are in existence is to be considered at the time when the writ petitions are finally heard. However, KSRTC did not report those 2500 vacancies to the Commission. The ranked list for the post of Reserve Conductor was cancelled on 31.12.2016.
12. Per contra, the stand taken in the counter affidavit filed on behalf of KSRTC is that, on 05.11.2011 the Corporation reported 8140 vacancies of conductors to the Public Service Commission, out of which 5191 vacancies were existing vacancies and 1375 vacancies were fresh vacancies (due to introduction of 500 new schedules on 01.11.2011), 317 anticipatory vacancies (due to retirement of employees on 31.05.2012) and 1257 NJD vacancies. Subsequently, it was found that there occurred a mistake in calculating the number of vacancies and the actual vacancy at that W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 28 time, including NJD vacancies, was only 3808. Hence, the Public Service Commission was informed vide Ext.R2(a) letter dated 05.06.2012 not to advice candidates based on the vacancies originally notified and to cancel the vacancies reported in excess of the actual vacancies. In reply to the said letter, the Public Service Commission, vide its letter dated 11.09.2012, informed that vacancies, once reported cannot be cancelled or reduced. Vide Ext.R2(b) letter dated 25.09.2012, KSRTC informed the Public Service Commission that the Corporation is running at loss and if drivers and conductors are appointed in excess its loss will mount up. Thereafter, KSRTC took up the matter before the Government, vide Ext.R2(c) letter dated 29.09.2012, seeking interference in the matter, by directing the Public Service Commission to advice candidates only against the actual vacancies of Reserve Conductors. Pursuant to that request, the Government, vide Ext.R2(d)letter dated 24.06.2013, recommended the Public Service Commission to advice candidates only to W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 29 3808 available vacancies. However, the Commission did not accede to that recommendation and issued advice memo to 9300 candidates who were included in the ranked list.
13. According to KSRTC, from the advice list, the Corporation issued appointment orders to 3808 candidates. Among those candidates, 1420 did not join duty. Thereafter, KSRTC sought permission of the Public Service Commission to appoint candidates from the existing advice list to 1554 vacancies including 1420 NJD vacancies and 134 anticipated vacancies of the year 2014. The Commission, vide its letter dated 10.10.2014 (Ext.P2 in W.P.(C)No.38944 of 2016), permitted KSRTC to appoint candidates in the advice list from rank No.3809 onwards. Thereafter, the Corporation issued Ext.R2(e) letter dated 13.11.2014, seeking permission to appoint candidates from the advice list to 40 NJD vacancies. Based on the said request, the Commission vide Ext.R2(f) letter dated 09.01.2015, permitted KSRTC to give appointment to candidates from the advice list W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 30 against 40 NJD vacancies and also the NJD vacancies that may arise in future, till all 9300 candidates included in the advice list get appointment. Thereafter, the Commission vide Ext.R2(g) letter dated 12.03.2015, requested KSRTC to furnish the details of the candidates appointed from the advice list in terms of the direction contained in Ext.R2(f) letter. Pursuant to Ext.R2(g) letter, KSRTC vide Ext.R2(h) letter dated 14.12.2015, informed the Commission that candidates who are serial Nos.3809 to 6363 are already given appointment and that, in terms of the directions contained in Ext.R2(f) letter dated 09.01.2015 NJD vacancies are being filled up by giving appointment to the candidates included in the advice list. Since 2300 candidates still remain in the advice list, the commission was informed that no fresh advice may be made against NJD vacancies.
14. The stand taken by KSRTC in the counter affidavit is that NJD vacancies, anticipated vacancies for the period 2013 to 2015, and also the vacancies W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 31 which arose due to increase in the operation of schedules, etc. were filled up from the advice list consisting of 9300 candidates and thus the Corporation allowed appointment of the entire 9300 candidates advised by the Public Service Commission. The said fact was brought to the notice of the Commission vide Ext.R2(i) letter dated 18.05.2016. Even though the actual vacancy was only 3808, based on the direction contained in Ext.R2(f) letter dated 09.01.2015 of the Commission, KSRTC allowed appointment of the entire 9300 candidates, who were advised by the Commission against NJD vacancies and also the vacancies which arose during 2013 to 2016. The particulars of the appointments so made are furnished in paragraph 9 of the counter affidavit filed by KSRTC.
15. In the counter affidavit filed on behalf of KSRTC it is contended that the Public Service Commission, by calculating NJD vacancies in respect of the first advice of 9300 candidates, has issued advice memo in respect of 4051 candidates vide its proceedings W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 32 dated 31.12.2016. Since the Corporation has already appointed candidates from the first advice list against NJD vacancies, as permitted by the Commission in Ext.R2(f) and R2(g), it is not in a position to appoint candidates against the present advice issued by the Commission. KSRTC would point out that, on the basis of average operation schedules and the number of permanent and empanelled conductors, 3348 conductors are excess in the Corporation. At present there are 4275 empanelled conductors, who are being engaged on daily wage basis, subject to availability of vacancies due to absence of permanent conductors. Cases regarding regularisation of these empanelled employees are pending before this Court. The Corporation is maintaining a list of empanelled conductors to meet the contingencies of service and for continuous operation of the schedules, for which uninterrupted service of conductors, drivers, employees in workshops, including blacksmiths are inevitable. Persons from empanelled list are engaged against vacancies arising on account W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 33 of absence of permanent conductors due to leave or for other reasons. In order to meet such contingencies and to ensure regular operation of service, the Corporation is maintaining a list of empanelled conductors, drivers, etc., who will be engaged on daily wage basis. KSRTC would also contend that, as per the provisions of the Road Transport Corporations Act, 1950 the Corporation is bound to provide, secure, promote an efficient, adequate, economical and properly co- ordinate system of road transport. Even though there are permanent employees to operate the services, it is to achieve such an object that the Corporation is maintaining a list of empanelled employees. It will not be feasible to treat those casual vacancies as substantive vacancies and engage permanent employees to those casual vacancies. The empanelled conductors are not working against substantive vacancies, but are engaged in temporary vacancies.
16. KSRTC would also point out that the conditions of service of its employees are governed by the W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 34 provisions of bipartite settlement entered into between the Corporation and the recognised trade unions. As per clause 49(8) of Ext.R2(j) Bipartite Settlement- 2012, it was agreed between the Corporation and recognised trade unions that the demand for regularisation of empanelled employees, who have completed 5 years of service, will be decided through negotiations. As per the provisions of Section 18 of the Industrial Disputes Act, 1947 the said agreement is binding on the Corporation, the Government and also the employees. The candidate advised by Public service commission can be appointed only against substantive vacancies and they cannot be accommodated against the casual vacancies in which empanelled employees are being engaged. KSRTC would point that, it is facing huge financial constraints and it is not able to meet even the expenses towards salary and pension of the employees. The monthly deficit of the Corporation is Rs.10 crores to Rs.110 crores and in such circumstances, accommodating 4051 conductors advised by W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 35 the Public service commission, ignoring the fact that there are no actual vacancies in the post of Reserve Conductors is not possible. As part of the efforts to overcome the financial difficulty faced by KSRTC and to revamp its activities and operations, a Commission has been appointed under the chairmanship of Prof.Suseel Khanna, who has submitted an interim report. In KSRTC, the bus to employee ratio is 1:8.7, whereas in other Road Transport Corporations it is 1:5.5. In such circumstances, the Corporation has taken a decision not to make any further appointments. It is also contended that the petitioners have no indefeasible right to get appointment merely for the reason that their names are included in the ranked list prepared by the Public Service Commission and are advised against NJD vacancies, which are non-existent. Being the employer, the Corporation has every right to decide as to whether to fill up the vacancies or not, taking into consideration the viability of such appointments.
17. The learned counsel for the petitioner in W.P. W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 36 (C)No.636 of 2018 would place reliance on the decision of a Division Bench of this Court in Velayudhan v. Secretary to Government (1985 KLT 793) wherein it was held that the Government will notify the vacancy to the Public Service Commission and the Commission will invite applications, conduct the tests, interview the candidates, make the selection and advise the required number of candidates. The Government or the appointing authority, if the appointing authority is different, will issue appointment orders to the candidates advised by the Commission. This Court held further that, once the machinery for recruitment has been set in motion by Public Service Commission it cannot be brought to a grinding halt by amending the special rules and making the recruitment a futile exercise.
18. In Shankarsan Dash v. Union of India (AIR 1991 SC 1612) another decision relied on by the learned counsel for the petitioner in W.P.(C)No.636 of 2018, a Constitution Bench of the Apex Court after referring to the law laid down in Miss Neelima Shangla v. State of W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 37 Haryana (AIR 1987 SC 169) held that it cannot be said that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates acquire an indefeasible right to be appointed which cannot be legitimately denied. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licence of acting in an arbitrary manner. The decision not to fill up the vacancies has to be taken bona fide for appropriate reasons. The Apex Court held further that, it is, of course, open to the Government not to fill up all the vacancies for a valid reason, but the selection cannot be arbitrarily restricted to a few candidates notwithstanding the number of vacancies and the availability of qualified candidates; and there must be W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 38 a conscious application of mind by the Government and the High Court before the number of persons selected for appointment is restricted. The fact that it was not for the Public Service Commission to take a decision in this regard was emphasised in that judgment.
19. In Management of Kerala House v. Sanjay Kumar and another [2012 (2) KLT SN 89 (C.No.83).Del.] another decision relied on by the learned counsel for the petitioner in W.P.(C)No.636 of 2018, a Division Bench of the Delhi High Court held that any provisions regarding recruitment and conditions of service framed by the State Government under Kerala Public Services Act, 1968 would govern the service of its employees and not the provisions of Chapter VA or other provisions of the Industrial Disputes Act, 1947 regulating the conditions of service.
20. The nature of relief sought for in W.P. (C)Nos.38944 of 2016, 10698 of 2017 and 29690 of 2017 would show that the petitioners have a grievance against the continuance of empanelled Conductors in W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 39 KSRTC. In W.P.(C)No.38944 of 2016 one of the reliefs sought for is a writ of mandamus commanding KSRTC to terminate the service of 4301 empanelled Conductors immediately and to report the consequent vacancies to the Public Service Commission. In W.P.(C)No.10698 of 2017, an order is sought for to restrain the Corporation from engaging temporary hands as Conductors till the candidates advised by the Public Service Commission are appointed. In W.P.(C)No.29690 of 2017, as sought for in W.P.(C)No.38944 of 2016, the termination of the service of 4301 empanelled Conductors is one of the reliefs sought for, and a further direction to report consequent vacancies to the Public Service Commission. Though any such relief is sought for in W.P.(C)No.10045 of 2017 and W.P.(C)No.636 of 2018, as borne out from the order of this Court dated 10.4.2017 in W.P.(C)No.10045 of 2017 one of the contention taken by the learned counsel for the petitioners is that, while KSRTC declined appointment to candidates advised by the Public Service Commission W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 40 on the ground that there are no vacancies, steps are being taken to regularise the provisional and empanelled employees. Based on the said submission, this Court granted an order dated 10.4.2017 in that writ petition, whereby KSRTC is directed not to regularise the service of provisional/empanelled employees without orders from this Court. Similarly, on 9.2.2018, when W.P.(C)No.636 of 2018 came up for consideration, this Court recorded the submission made by the learned counsel for the petitioner, with reference to the averment in that writ petition that around 5000 casual Conductors are presently working in KSRTC and steps are being taken to regularise such casual employees.
21. The pleadings in the respective writ petitions would indicate that the petitioners in these writ petitions, some of whom have already been issued with advice memos by the Public Service Commission, are seeking appointment as Reserve Conductors, by contending that around 4300 posts of Conductors in the W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 41 Corporation are occupied by empanelled Conductors. The specific stand taken by KSRTC in its counter affidavit is that the Corporation is maintaining a list of empanelled Conductors to meet the contingencies of service and for continuous operation of the schedules. The service of empanelled Conductors, Drivers, employees in workshops, including Blacksmiths, are inevitable for continuous operation of buses. Persons from empanelled lists are engaged against vacancies arising on account of absence of permanent Conductors due to leave or for other reasons. In such contingencies, in order to ensure regular operation of services empanelled Conductors, Drivers, etc. are engaged on daily wage basis.
22. In none of these writ petitions, the petitioners have chosen to implead the empanelled Conductors in KSRTC, either individually, or in a representative capacity, after effecting necessary paper publication. As per the counter affidavit filed by KSRTC, there are 4275 empanelled Conductors, who are W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 42 being engaged on daily wage basis, subject to availability of vacancies due to absence of permanent Conductors and that, cases regarding regularisation of those empanelled employees are pending before this Court.
23. The regularisation of empanelled Conductors, Drivers, mechanical staff, who were engaged through Employment Exchange on provisional basis, in the absence of candidates advised by the Public Service Commission is now pending consideration before this Court in various writ petitions, namely W.P. (C)Nos.13142, 15129, 16113 of 2017 and connected matters. Some of those empanelled employees have already been regularised in service in terms of the Bipartite settlement between KSRTC and recognised Trade Unions. Regularisation was ordered to some of those empanelled employees who have 10 years of service as on 22.12.2011 and performed a minimum of 120 duties in a year. The requirement of 120 duties in a year was under
challenge in various writ petitions and that issue is W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 43 now settled by the order of the Apex Court in Civil Appeal No.4435-38 of 2017 dated 24.3.2017, arising out of the judgment of the Division Bench of this Court dated 12.3.2014. The Government Order, i.e., G.O. (MS)No.129/2018/Trans. dated 23.6.2018 and the consequential order issued by KSRTC bearing No.PL.16/014915/12 dated 2.5.2018, whereby orders regularising the service of some of those empanelled employees stand cancelled, is now under challenge before this Court in W.P.(C)No.13142 of 2018 and connected cases.
24. KSRTC is a Road Transport Corporation notified by the State Government under Section 3 of the Road Transport Corporation Act, 1950. As per Section 18 of the said Act, which deals with general duty of a State Transport Corporation, it shall be the general duty of a Corporation so as to exercise its powers, as progressively to provide or secure or promote the provision of, an efficient, adequate, economical and properly coordinated system of services in the State or W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 44 part of the State for which it is established and in any extended area. Therefore, in order to discharge the general duty, in terms of Section 18 of the Act KSRTC has to ensure continuous operation of its schedules, 24 hours a day and 7 days in a week. The absence of permanent staff like Conductors, Drivers or employees in workshops, either due to leave or for other reasons, even for a single day require engaging Conductors, Drivers and employees in workshops on daily wage basis. Considering the nature of the operational activities of KSRTC it cannot be said that the Corporation cannot maintain a list of empanelled Conductors, Drivers, or employees in workshops. The mere fact that there are 4275 empanelled Conductors, who are being engaged on daily wage basis, subject to availability of vacancies due to absence of permanent Conductors would not indicate that there are 4275 substantive vacancies of Conductors in KSRTC, which can be filled up by giving appointment to the candidates included in the ranked list published by the Public Service Commission. The W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 45 petitioners who are candidates included in the ranked list published by the Public Service Commission, have no legal right to insist that they should be appointed even in the absence of substantive vacancies, since the mere continuance of empanelled Conductors as above would not indicate availability of such number of substantive vacancies in the Corporation.
25. The specific stand taken by the Corporation in its counter affidavit is that though 8140 vacancies of Conductors were reported to the Public Service Commission on 5.11.2011, it was later found that there occurred a mistake in calculating the number of vacancies and the actual vacancies at that time, including NJD vacancies, which was only 3108. The documents produced along with the counter affidavit filed by KSRTC would show that there were correspondences between the Corporation and the Public Service Commission and at the request of the Corporation, the Government have issued Ext.R2(d) letter dated 24.6.2013 recommending to the Public W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 46 Service Commission to advice candidates only to 3808 available vacancies. However, the Commission did not accede to that recommendation and issued advice memo to 9300 candidates, who were included in the ranked list. The specific stand taken by KSRTC in its counter affidavit is that the Corporation allowed appointment to the entire 9300 candidates advised by the Commission, against the NJD vacancies, and also the vacancies which arose during 2013-2016 and the particulars of the appointments so made are also furnished in paragraph 9 of the counter affidavit, which reads thus;
"9. It is submitted that the KSRTC reported 4030 NJD vacancies in different stages, i.e., 1420 NJD on 03.07.2015, 1238 NJD on 07.01.2016, 1075 NJD on 27.05.2016 and 297 NJD on 28.06.2016. Out of the above 4030 NJD vacancies, 6 NJD vacancies were cancelled due to various reasons. Revised rotation was approved on 01.09.2016. It is submitted that the Commission issued Registered memo to 44 candidates who were included in the revised rotation to reconstitute application and identification certificates and out of which W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 47 27 candidates did not respond to the registered memo and so the commission have ordered to treat them as NJD as per orders dated 30.11.2016. Thus the number of NJD vacacies became 4051 (4024+27). 9300 candidates advised on 05.09.2013 against the vacancies reported by KSRTC. Another 27 NJD vacancies were added to the above 4024 NJD vacancies as per orders of the Commission (a total of 4051). Review rotation for that 4051 NJD vacancies was approved on 31.12.2016 and the advice memos were released accordingly. It is submitted that no other vacancies are pending to be advised."
In the counter affidavit, KSRTC has also contended that the bus to employee ratio in the Corporation is 1:8.7, whereas in other Road Transport Corporation it is 1:5.5. As part of the efforts to overcome the financial difficulty faced by the Corporation and to revamp its activities and operations, a Commission has already been appointed, who has submitted an interim report. In such circumstances, the Corporation has taken a decision not to make any further appointment.
26. Having considered the submissions made by the learned counsel on both sides, and also the pleadings W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 48 and materials on record, this Court finds that the petitioners, who are persons included in the ranked list published by the Public Service Commission, have no legal right to seek appointment against vacancies which are not in existence. As already noticed, the petitioners are seeking appointment on the ground that around 4300 empanelled Conductors are occupying substantive vacancies in which the candidates advised by the Public Service Commission have to be appointed. The pleadings and materials on record would not show the existence of such substantive vacancies. Moreover, appointment after terminating the empanelled Conductors cannot be sought for in a writ petition in which the affected persons are not in the party array.
27. In the result, these writ petitions fail and they are accordingly dismissed.
No order as to costs.
Sd/-
ANIL K. NARENDRAN
JUDGE
dsn/ami
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 49
APPENDIX IN WP(C) 38944/2016
PETITIONER'S EXHIBITS:
EXHIBIT P1: A TRUE COPY OF THE RELEVANT PAGES OF THE
RANK LIST PUBLISHED BY THE 3RD RESPONDENT ON 09.05.2013 EXHIBIT P2: A TRUE COPY OF THE COMMUNICATION NO.CRI (1) 1499/10/CW DATED 10.10.2014 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P3: A TRUE COPTY OF THE RELINQUISHMENT FORM PRESCRIBED BY THE 3RD RESPONDENT EXHIBIT P4: A TRUE COPY OF THE REPLY DATED 04.07.2015 ISSUED UNDER THE RTI ACT.
EXHIBIT P5: A TRUE COPY OF THE UN-STARRED QUESTION NO.6260 DATED 07.11.2016 OF THE 2ND LEGISLATIVE MEETING OF THE 14TH ASSEMBLY. TRUE COPY OF APPLICATION FILED BY THE 3RD EXHIBIT P6: PETITIONER UNDER THE RTI ACT DT.11.11.2016. EXHIBIT P7: TRUE COPY OF REPLY ISSUED UNDER THE RTI ACT DATED 26.12.2016.
RESPONDENTS' EXTS:
ANNEXURE R2(A): TRUE COPY OF THE REQUISITION No.1012/GL2/97/RTC DT.5.11.2011 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
ANNEXURE R2(B): TRUE COPY OF THE LETTER No.1012/GL2/97/RTC DT.5.6.2012 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT (WITHOUT ENCLOSURE) ANNEXURE R2(C): TRUE COPY OF THE LETTER No.CR(I)/1499/10/CW DT.11.9.2012 FROM THE 3RD RESPONDENT REPLIED TO THE RESPONDENTS.
.....(PTO)
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 50
ANNEXURE R2(D): TRUE COPY OF LETTER No.1012/GL2/97/RTC DT.25.9.2012 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
ANNEXURE R2(E): TRUE COPY OF LETTER No.1012/GL2/97/RTC DT.29.9.2012 FROM THE RESPONDENTS 1 AND 2 TO THE ADDL.CHIEF SECRETARY.
ANNEXURE R2(F): TRUE COPY OF LETTER No.15791/A3/2012/TRANS DT.24.6.2013 FROM THE SECRETARY TO THE 3RD RESPONDENT.
ANNEXURE R2(G): TRUE COPY OF COMMUNICATION No.CRI(1) 1499/10/CW DT.10.10.2014.
ANNEXURE R2(H): TRUE COPY OF ORDER DT.5.10.2015 IN SLP No.28056/2015 OF THE HON'BLE SUPREME COURT.
ANNEXURE R2(I): TRUE COPY OF LETTER No.1012/GL2/97/RTC DT.28.6.2016 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
ANNEXURE R2(J): TRUE COPY OF ORDER DT.15.2.2016 IN WPC 35540/2015 OF THIS COURT.
ANNEXURE R2(K): TRUE COPY OF LETTER No.KLR V(2)2240/2010 DT.9.9.2016 OF THE 3RD RESPONDENT.
EXT.R1A: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.5.6.2012.
EXT.R1B: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.25.9.2012.
EXT.R1C: TRUE COPY OF LETTER VIDE REF.No.012/GL2/97/RTC DT.29.9.2012.
EXT.R1D: TRUE COPY OF LETTER VIDE REF.No.15791/A3/2012 TRANS DT.24.6.2013.
......(PTO)
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 51
EXT.R1E: TRUE COPY OF LETTER VIDE
REF.No.1012/GL2/97/RTC DT.13.11.2014.
EXT.R1F: TRUE COPY OF ORDER VIDE REF CRI (1)1499/10/CW DT.9.1.2015.
EXT.R1G: TRUE COPY OF ORDER VIDE REF KLR V(2) 2240/10/1 DT.12.3.2015.
EXT.R1H: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.14.12.2015.
EXT.R1I: TRUE COPY OF LETTER VIDE REF No.1012/GL2/97/RTC DT.18.5.2016.
TRUE COPY P.S. TO JUDGE W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 52 APPENDIX IN WP(C) 10045/2017 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31.12.2010 FOR CATEGORY NO.
467/2010 PUBLISHED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE NO. 1012/GL2/97/RTC DATED 31.5.2014 EXHIBIT P3 TRUE COPY OF THE LETTER NO. CR1 (1) 1499/10/CW DATED 10.10.2014 FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE ADVICE BEARING NO.
KLRV(2) 2240/2010 DATED 31.12.2016 RECEIVED BY THE 1ST PETITIONER EXHIBIT P5 TRUE COPY OF THE ADVICE BEARING NO.
KLRV(2)2240/2010 DATED 31.12.2016 RECEIVED BY THE 2ND PETITIONER EXHIBIT P6 TRUE COPY OF THE ADVICE BEARING NO KLRV(2)2240/2010 DATED 31.12.2016 RECEIVED BY THE 3RD PETITIONER EXHIBIT P7 TRUE COPY OF THE ADVICE BEARING NO KLRV (2)2240/2010 DATED 31.12.2016 RECEIVED BY THE 4TH PETITIONER EXHIBIT P8 TRUE COPY OF THE ADVICE BEARING NO KLRV(2) 2240 2010 DATED 31.12 .2016 RECEIVED BY THE 5TH PETITIONER EXHIBIT P9 TRUE COPY OF THE QUESTION RAISED AND ANSWER IN THE FLOOR OF THE KERALA ASSEMBLY ON 9.3.2015 ......(PTO) W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 53 EXHIBIT P10 TRUE COPY OF THE GO(MS) NO.78/2011/TRAN.
DATED 22.12.2011 OF THE 3RD RESPODENT EXHIBIT P11 TRUE COPY OF INFORMATION RECEIVED FROM PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, KOLLAM DT.1.7.2014.
EXTHIBIT P12 TRUE COPY OF APPOINTMENT CHART FOR THE POST OF RESERVE CONDUCTOR.
EXHIBIT P13 TRUE COPY OF ANSWER GIVEN BY THE HON'BLE MINISTER IN THE 13TH KERALA LEGISLATIVE ASSEMBLY ON 28.9.2011.
EXHIBIT P14 TRUE COPY OF ANSWER GIVEN BY THE MINISTER IN THE 13TH KERALA LEGISLATIVE ASSEMBLY ON 6.2.2014.
EXHIBIT P15 TRUE COPY OF INFORMATION DT.5.8.2017 RECEIVED FROM THE OFFICE OF THE 1ST RESPONDENT UNDER RTI ACT.
EXHIBIT P16 TRUE COPY OF REQUEST DT.14.2.2017 SUBMITTED BY THE 2ND DEPONENT TO THE 1ST RESPONDENT UNDER THE RIGHT TO INFORMATION ACT ALONG WITH THE REPLY.
RESPONDENTS' EXTS:
EXT.R1A: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.5.6.2012.
EXT.R1B: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.25.9.2012.
EXT.R1C: TRUE COPY OF LETTER VIDE REF.No.012/GL2/97/RTC DT.29.9.2012.
EXT.R1D: TRUE COPY OF LETTER VIDE REF.No.15791/A3/2012 TRANS DT.24.6.2013.
......(PTO)
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 54
EXT.R1E: TRUE COPY OF LETTER VIDE
REF.No.1012/GL2/97/RTC DT.13.11.2014. EXT.R1F: TRUE COPY OF ORDER VIDE REF CRI (1)1499/10/CW DT.9.1.2015.
EXT.R1G: TRUE COPY OF ORDER VIDE REF KLR V(2) 2240/10/1 DT.12.3.2015.
EXT.R1H: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.14.12.2015.
EXT.R1I: TRUE COPY OF LETTER VIDE REF
No.1012/GL2/97/RTC DT.18.5.2016.
TRUE COPY
P.S. TO JUDGE
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 55
APPENDIX OF WP(C) 10698/2017
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE ORDER DATED 15-02-2016
ISSUED IN WPC NO.35540 OF 2017
EXHIBIT P2 COPY OF THE ORDER DATED 5-9-2016 ISSUED
IN WPC NO.35540 OF 2017
EXHIBIT P3 COPY OF THE ADVICE MEMO ISSUED BY THE
PSC TO THE 2ND APPLICANT
EXHIBIT P4 COPY OF THE ADVICE MEMO ISSUED BY THE
PSC TO THE 6TH APPLICANT
EXHIBIT P5 COPY OF THE ADVICE MEMO ISSUED BY THE
PSC TO THE 7TH APPLICANT
EXHIBIT P6 COPY OF THE COMMUNICATION DATED
04-07-2015 ISSUE DBY THE INFORMATION OFFICER, KSRTC, THIRUVANANTHAPURAM RESPONDENTS' EXTS:
EXT.R1A: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.5.6.2012.
EXT.R1B: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.25.9.2012.
EXT.R1C: TRUE COPY OF LETTER VIDE REF.No.012/GL2/97/RTC DT.29.9.2012.
EXT.R1D: TRUE COPY OF LETTER VIDE REF.No.15791/A3/2012 TRANS DT.24.6.2013.
EXT.R1E: TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.13.11.2014.
.....(PTO)
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 56
EXT.R1F: TRUE COPY OF ORDER VIDE REF CRI
(1)1499/10/CW DT.9.1.2015.
EXT.R1G: TRUE COPY OF ORDER VIDE REF KLR V(2)
2240/10/1 DT.12.3.2015.
EXT.R1H: TRUE COPY OF LETTER VIDE
REF.No.1012/GL2/97/RTC DT.14.12.2015.
EXT.R1I: TRUE COPY OF LETTER VIDE REF No.1012/GL2/97/RTC DT.18.5.2016.
TRUE COPY P.S. TO JUDGE W.P.(C)Nos.38944/2016,10045, 10698, 29690/2017 & 636/2018 57 APPENDIX OF WP(C) 29690/2017 PETITIONER'S EXHIBITS:
EXHIBIT P1: A TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST PUBLISHED BY THE 3RD RESPONDENT ON 09.05.2013 EXHIBIT P2: A TRUE COPY OF THE COMMUNICATION NO.CR1(1) 1499/10/CW DATED 10.10.2014 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P3: A TRUE COPY OF THE PROCEEDING NO.KLRV(2)2240/2010 DATED 31.12.2016 OF THE 5TH RESPONDENT RESPONDENTS' EXTS :
EXT.R2(A): TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.5.6.2012.
EXT.R2(B): TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.25.9.2012.
EXT.R2(C): TRUE COPY OF LETTER VIDE REF.No.012/GL2/97/RTC DT.29.9.2012.
EXT.R2(D): TRUE COPY OF LETTER VIDE REF.No.15791/A3/2012 TRANS DT.24.6.2013.
EXT.R2(E): TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.13.11.2014. EXT.R2(F): TRUE COPY OF ORDER VIDE REF CRI (1)1499/10/CW DT.9.1.2015.
EXT.R2(G): TRUE COPY OF ORDER VIDE REF KLR V(2) 2240/10/1 DT.12.3.2015.
........ (PTO)
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 58
EXT.R2(H): TRUE COPY OF LETTER VIDE
REF.No.1012/GL2/97/RTC DT.14.12.2015. EXT.R2(I): TRUE COPY OF LETTER VIDE REF No.1012/GL2/97/RTC DT.18.5.2016.
EXT.R2(J) : TRUE COPY OF RELEVANT PAGES OF BI PARTITE
SETTLEMENT 2012 APPROVED BY THE
GOVERNMENT AS PER GO(P)No.71/2012 TRANS. DT.27.11.2012.
TRUE COPY
P.S. TO JUDGE
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 59
APPENDIX IN WP(C) 636/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE NOTIFICATION PUBLISHED
IN GAZETTE DATED 31.12.2010.
EXHIBIT P2 PHOTOCOPY OF THE RELEVANT PAGES OF THE
RANK LIST BEARING NO.210/ER IX(2)13/EW. EXHIBIT 3 PHOTOCOPY OF THE ADVICE MEMO DATED 31.12.2016 BEARING NO.KLRV(2) 2240/2010 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 PHOTOCOPY OF THE COMPLAINT GIVEN TO CHIEF MINISTER DATED 30.9.2017 BY THE PETITIONER.
EXHIBIT P5 PHOTOCOPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 19.12.2017.
RESPONDENTS' EXTS :
EXT.R2(A): TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.5.6.2012.
EXT.R2(B): TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.25.9.2012.
EXT.R2(C): TRUE COPY OF LETTER VIDE REF.No.012/GL2/97/RTC DT.29.9.2012.
EXT.R2(D): TRUE COPY OF LETTER VIDE REF.No.15791/A3/2012 TRANS DT.24.6.2013.
EXT.R2(E): TRUE COPY OF LETTER VIDE REF.No.1012/GL2/97/RTC DT.13.11.2014. EXT.R2(F): TRUE COPY OF ORDER VIDE REF CRI 1)1499/10/CW DT.9.1.2015.
........ (PTO)
W.P.(C)Nos.38944/2016,10045,
10698, 29690/2017 & 636/2018 60
EXT.R2(G): TRUE COPY OF ORDER VIDE REF KLR V(2)
2240/10/1 DT.12.3.2015.
EXT.R2(H): TRUE COPY OF LETTER VIDE
REF.No.1012/GL2/97/RTC DT.14.12.2015. EXT.R2(I): TRUE COPY OF LETTER VIDE REF No.1012/GL2/97/RTC DT.18.5.2016.
EXT.R2(J) : TRUE COPY OF RELEVANT PAGES OF BI PARTITE
SETTLEMENT 2012 APPROVED BY THE
GOVERNMENT AS PER GO(P)No.71/2012 TRANS. DT.27.11.2012.
TRUE COPY P.S. TO JUDGE