Kerala High Court
Sweety Sivasankar vs State Of Kerala on 6 August, 2015
Author: P.V.Asha
Bench: K.Surendra Mohan, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938
OP(KAT).No. 302 of 2015 (Z)
----------------------------
AGAINST THE ORDER/JUDGMENT IN OA 1717/2014 of KERALA
ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 06-08-2015
PETITIONER(S)/APPLICANTS IN OA::
-------------------------------
1. SWEETY SIVASANKAR, AGED 33 YEARS,
D/O.SIVASANKAR K.P., GIRIJA NIVAS, BEHIND,
GANAPATH AIDED UP SCHOOL, KUTHIRAVATTOM P.O.,
KOZHIKODE-673016.
2. LEENA DAMODARAN
D/O.DAMODARAN, NELLOTKATTIL HOUSE, CHELIYA,
KOYILANDY 673316.
3. REKHA.N.
W/O.SUNILKUMAR, KANDIYIL HOUSE, EDAKKAD P.O.,
KOZHIKODE-673005.
4. SMIJA P.C.
W/O.MAHESH, SANKUPUSHPAM, PUTHIYANGADI P.O.,
KOZHIKODE-673021.
5. BABY ANUPAMA K.C.
W/O.SURESH BABU, PALIYIL HOUSE,
MANIPURAM P.O., KODUVALLY 673572.
6. BINDU.N.
W/O.K.V.VINODKUMAR, SREELAKAM,
KARUVISSERY, VENGERI P.O., KOZHIKODE-673010.
BY ADVS.SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENTS/RESPONDENTS IN OA::
---------------------------------
1. STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.
2. THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR EDUCATION, KOZHIKODE-673001.
3. KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM-695004.
4. DISTRICT OFFICER
KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
KOZHIKODE 673001.
OP(KAT).No. 302 of 2015 (Z)
SMT.ANITHA RAVEENDRAN, GOVERNMENT PLEADER
R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
RTHIRD PARTY BY ADV. SRI.V.A.MUHAMMED
RTHIRD PARTY BY ADV. SRI.M.SAJJAD
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 29-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RKC
OP(KAT).No. 302 of 2015 (Z)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: TRUE COPY OF THE O.A.1717/2014 WITH ALL EXHIBITS.
EXHIBIT-P2: TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT.
EXHIBIT-P3: TRUE COPY OF THE REJOINDER WITH ANNEXURES A6 TO A9.
EXHIBIT-P4: TRUE COPY OF ORDER DATED 23.7.2015 PASSED BY THE HON'BLE
TRIBUNAL.
EXHIBIT-P5: TRUE COPY OF MA 683/15 IN OA 1717/2014.
EXHIBIT-P6: TRUE COPY OF MA 1743/2015 IN OA 1717/2014.
EXHIBIT-P7: TRUE COPY OF ORDER ON 31.7.2015 PASSED BY THE GOVERNMENT.
EXHIBIT-P8: TRUE COPY OF THE LETTER ISSUED BY THE GOVERNMENT TO THE
DEPUTY DIRECTOR OF EDUCATION DATED 31.7.2015.
EXHIBIT-P9: TRUE COPY OF THE CIRCULAR ISSUED BY THE DIRECTOR OF
PUBLIC INSTRUCTION TO ALL DEPUTY DIRECTOR OF EDUCATION DATED
13.5.2015.
EXHIBIT-P10: TRUE COPY OF THE JUDGMENT IN OA 1717/2014 DATED
6/8/2015.
EXHIBIT-P11: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH
PETITIONER BEFORE THE DISTRICT PSC OFFICE DATED 16.10.2015
EXHIBIT-P12: TRUE COPY OF THE INFORMATION NO.DII(1)3336/06 FURNISHED
BY THE DISTRICT PASC OFFICE DATED 17.10.2015
EXHIBIT P13: TRUE COPY OF THE GO(P) NO.124/2014/G.EDN. DATED 4.7.2014
EXHIBIT P14: TRUE COPY OF THE GO(P)213/2015/G.EDN. DATED 6.8.2015.
3RD RESPONDENT'S EXHIBITS
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R3(A): COPY OF THE COVERING LETTER DATED 31.7.2015 REPORTING THE
VACANCIES
R3(B): COPY OF THE INTERIM ORDER DATED 28.7.2015 IN OA NO.1238/15
BASED ON WHICH THE VACANCIES
R3(C): COPY OF THE COVERING LETTER REPORTING VACANCIES
R3(D): COPY OF THE COVERING LETTER NO.A1/5549/15(2) DATED 1.8.15
R3(E): TRUE INTERIM ORDER DATED 23.7.2015 ISSUED BY THE HON'BLE
ADMINISTRATIVE TRIBUNAL IN OA NO.1717/2014
RKC
TRUE COPY
PA TO JUDGE
K.SURENDRA MOHAN &
P.V.ASHA, JJ.
O.P.(KAT) No.302 of 2015
Dated this the 29th day of March, 2016
JUDGMENT
Surendra Mohan, J.
The applicants in O.A.No.1717 of 2014 of the Kerala Administrative Tribunal (hereinafter referred to as "the KAT" for short) challenge Ext.P10 order dismissing the same. As per Ext.P10, two other OAs O.A.No.317 of 2015 and O.A.No.514 of 2015 have also been dismissed. Only the petitioners herein have challenged the said common order.
2. The petitioners are all included in Annexure-A1 ranked list prepared by the Kerala Public Service Commission (hereinafter referred to as "the PSC" for short) for appointment to the post of HSA (English) in Kozhikkode District. The list was in force for the full period and has expired on 2.8.2015. The contention of the petitioners is that though vacancies had been reported to the PSC during the currency of the ranked list, advise for appointments had not been made to the vacancies so reported. It is contended that, during the pendency of the OAs, O.P.(KAT) No.302 of 2015 :2: three vacancies were reported pursuant to Annexure-A5 and ten vacancies were reported as evident from Annexure A7. Thereafter, three more vacancies were reported according to the petitioners. The Tribunal heard all the three OAs; O.A.No.514 of 2015 and 317 of 2015 were allowed, while O.A.No.1717 of 2014 was dismissed. The petitioners in O.A.No.514 of 2015 were the persons who claimed appointment by inter district transfers, while the petitioners in O.A.No.317 of 2015 were persons who claimed 'by transfer' appointment.
3. The KAT considered the entitlement of the petitioners, in the background of the ratio that is fixed for appointment by direct recruitment, inter district transfer, post conversion for promotion of PD teachers and promotion of ministerial staff, found that appointments by direct recruitment had exceeded the quota. It has also been found that no vacancies had been reported before the expiry of Annexure A1 ranked list. The petitioners herein were therefore held not entitled to claim appointment to the available vacancies. The petitioners are aggrieved by the said order.
O.P.(KAT) No.302 of 2015 :3:
4. This original petition comes up before us for admission. As per order dated 13.10.2015, we had directed the learned standing counsel for the PSC to get specific instructions as to whether the vacancies that were stated to have been reported, were actually reported or not. Accordingly, an affidavit has been filed dated 26.10.2015 producing Exts.R3(a) to R3(e) documents. It has been stated that, the vacancies had been reported but, with a rider that such vacancies were not available in the ratio of 1:45 and therefore, no advise could be made.
5. According to Adv.K.Mohanakannan, who appears for the petitioners, since there are admittedly vacancies that were reported during the period of validity of Annexure A1 ranked list, necessary orders have to be passed on the question as to how the said vacancies are to be apportioned. Therefore, it is contended that the said issue would have to engage the attention of this Court. Reliance is placed on Exts.P7 and P8 to point out that, in the absence of qualified teachers of HSA (English), in many schools the classes were being conducted by engaging teachers on daily wages. It is therefore contended that, despite O.P.(KAT) No.302 of 2015 :4: availability of vacancies, it is the inaction on the part of the authorities that has prevented the petitioners from being appointed. It is further contented that, from the year 2011 onwards, there has been no staff fixation order for the various schools in Kozhikkode District. The staff fixation order for the previous years is being followed without any change. If a proper staff fixation order is issued, it is contended that there would be sufficient vacancies available. The staff fixation order for the year 2016 has not yet been issued. There would be change in the cadre strength upon the issue of the staff fixation order for the year 2016, according to the learned counsel.
6. We have heard Adv.P.C.Sasidharan, learned standing counsel appearing for the PSC as well as the learned Government Pleader also.
7. As already noticed above, Annexure A1 list that had come into force with effect from 3.2.2011, has expired on 2.8.2015. The list was in operation for the full period of its validity and according to the PSC a total number of 88 candidates have been advised from the ranked list. It is true that as per O.P.(KAT) No.302 of 2015 :5: Ext.R3(a), vacancies were reported but with a rider that, there would be only one sanctioned vacancy. The subsequent vacancies that were reported also, were not available for advise of candidates from the list. Therefore no advise has been made.
8. We notice from a perusal of the order of the KAT that, the Tribunal has taken note of the fact that the vacancies had to be filled up in the ratio of 30:20:20:20:10. 30% is the quota earmarked for direct recruitment. As many as 169 candidates have been appointed to the above quota. Consequently the quota of direct recruitment has been exceeded by 95.8%. At the same time in the categories that are to be filled up through the 'by transfer' and `inter district transfer' methods, the quota is remaining unfilled. The above being the situation, any direction to fill up the available vacancies by advising direct recruits would only result in upsetting the quota further. We notice that in view of the above, the KAT has directed to advise candidates to the 5 vacancies that were available by apportioning the same between inter district transferees and 'by transfer' appointees. The ratio of 20:10 that is to be applied has been pressed into service. Thus, O.P.(KAT) No.302 of 2015 :6: three posts have been apportioned towards inter district transfers and two towards the 'by transfer' appointments. It has also been found that, there were no vacancies available for advise of candidates by direct recruitment. We are satisfied that the above direction of the KAT is fully justified in the facts and circumstances. For the above reasons we find no grounds to admit this original petition or to grant any of the reliefs sought for.
This original petition is accordingly dismissed.
Sd/-
K.SURENDRA MOHAN JUDGE Sd/-
P.V.ASHA JUDGE rkc