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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, 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, 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, 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, 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, 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, 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.

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, 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, 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.