This writ appeal challenged the single judge's judgment directing the KSRTP to report vacancies to the KPSC for appointment of Blacksmith Grade-II staff. The High Court Bench dismissed the appeal, finding no merit in the corporation's challenge to the direction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939
WA.No. 2424 of 2017 IN WPC. 26445/2017 (AGAINST THE JUDGMENT IN WP(C) 26445/2017 of HIGH COURT OF KERALA DATED 10-10-2017)
APPELLANT/1ST RESPONDENT:
THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 039, REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV.SHRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION.
RESPONDENTS/PETITIONER & 2ND RESPONDENT:
1. P.R.BEEDHAVA ROY,
2. KERALA PUBLIC SERVICE COMMISSION,
R2 BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10-01-2018 ALONG WITH
W.A.NOS.2431/2017 & 2494/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ss
P.N.RAVINDRAN, J
&
R.NARAYANA PISHARADI, J
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W.A.Nos.2424 of 2017, 2494 of 2017 and 2431 of 2017
Dated this the 10th day of January, 2018
JUDGMENT
P.N.Ravindran, J
The Kerala State Road Transport Corporation has filed these appeals challenging the common judgment delivered by the learned single judge on 10.10.2017 in W.P.(C)Nos.16392 of 2017, 22108 of 2017 and 26445 of 2017. W.A.No.2431 of 2017 arises from W.P. (C)No.16392 of 2017, W.A.No.2494 of 2017 arises from W.P. (C)No.22108 of 2017 and W.A.No.2424 of 2017 arises from W.P. (C)No.26445 of 2017.
W.A.Nos.2 424 of 2017, 2494 of 2017 and 2431 of 2017
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W.A.Nos.2 424 of 2017, 2494 of 2017 and 2431 of 2017
3
from 23.10.2014 to 21.10.2017. Learned standing counsel also submitted that 351 candidates were appointed against the said 405 vacancies, leaving a shortage of 54. Learned counsel also submitted that on 29.07.2015 during the currency of the ranked list 6 more vacancies arose, taking the number of vacancies to 60. Learned standing counsel further submitted that out of the 351 candidates who were advised and appointed, 28 persons did not join duty and that 26 non-joining duty vacancies were reported to the Kerala Public Service Commission on 18.01.2016 and 02 non-joining duty vacancies were reported on 31.10.2016. He further submitted that advises were made against the 21 NJD vacancies on 24.02.2016 and against the 02 NJD vacancies on 29.11.2016, aggregating in all 23. This discloses that 05 non-joining duty vacancies were also in existence during the currency of the ranked list. The total number of vacancies thus goes up to 65. It is evident from the submissions made at the Bar that the appellant Corporation admits the existence of 65 vacancies.
W.A.Nos.2 424 of 2017, 2494 of 2017 and 2431 of 2017
4
admittedly been done. The learned single Judge has also directed the Corporation to report the anticipated vacancies with effect from 18-01-2016 till the date of the judgment, which include the 05 NJD vacancies referred to above and the retirement vacancies that occurred thereafter. In such circumstances, by no stretch of imagination can it be said that the direction issued by the learned single Judge is in any way illegal or improper. The Corporation which admits the existence of 65 vacancies as on 18-01-2016, cannot in our opinion, contend for the position that vacancies had not arisen thereafter.
W.A.Nos.2 424 of 2017, 2494 of 2017 and 2431 of 2017
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stands in the way of regular appointments being made. In view of that observation also, we are of the opinion that the appellants cannot be said to be aggrieved by the impugned judgment.
We accordingly hold that there is no merit in the writ appeal. It fails and is dismissed.
Sd/- (P.N.Ravindran, Judge)
Sd/-
(R. Narayana Pisharadi, Judge)
//True Copy//
P.A. To Judge
ss
2 issues framed by the court
Whether the High Court should interfere with the single judge's direction to the respondent corporation to report vacancies to the Public Service Commission.
Whether the existence of vacancies and retirement obligations override the constraints under the bipartite settlement regarding appointments from the ranked list.
Kerala State Road Transport Corporation
P.R. Beedhava Roy
Kerala Public Service Commission
P.N. Ravindran
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
