WP(C) No.17663/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Wednesday, the 1st day of June 2022 / 11th Jyaishta, 1944
WP(C) NO. 17663 OF 2022(G)
PETITIONERS:
1. SAPTHA STALIN, AGED 37 YEARS, (RANK NO.2180) D/O.K.STALIN,
RISHIKESHAM, PANGAL, PUTHUPPARIYARAM, PALAKKAD - 678 731.
2. SHILPA S.S., AGED 37 YEARS, (RANK NO.2001) D/O.M.SASEENDRAN PILLAI,
RESIDING AT VENJARAMOODU, THIRUVANANTHAPURAM - 695 607.
3. ANJU K.A., AGED 30 YEARS, (RANK NO.2093), D/O.ASOKAN K.C., RESIDING
AT 119 KALATHIPARAMBU, ARTHUNKAL, ALAPPUZHA - 688 530.
RESPONDENTS:
1. KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION
LTD. ,REPRESENTED THROUGH THE CHAIRMAN AND MANAGING DIRECTOR, BEVCO
TOWER, PALAYAM, VIKAS BHAVAN P.O., TRIVANDRUM - 695 033.
2. KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004 :REPRESENTED BY ITS SECRETARY.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (1) direct the 1st Respondent to provisionally report
498(446+52) posts of LD clerk occupied by daily wage workers, to the 2nd
Respondent, forthwith, at any rate before 02-06-2022; and (2) direct the
1st Respondent to report all NJD vacancies in the posts of LD clerk to the
2nd Respondent, forthwith, at any rate before 02-06-2022; pending disposal
of this Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.S.SABARINADH & INDULEKHA JOSEPH Advocates for the petitioners ,
STANDING COUNSEL for R1 and STANDING COUNSEL for R2 , the court passed the
following:
P.T.O.
WP(C) No.17663/2022 2/5
ANU SIVARAMAN, J
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W.P.(C). No.17663 of 2022
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Dated this the 1st day of June, 2022
ORDER
This writ petition is filed seeking the following prayers:
"(i) Declare that the non reporting of vacancies to the posts, manned by temporary/daily wage employees for more than one year continuously which are 498 in number, by 1st Respondent is a fraud on Constitution of India, Statute (Section 3 of the Public Service Commission (Additional Functions as respect certain Corporations and Companies) Act, 1970 & Rule 2A of the Kerala Public Service Commission (Consultation by Corporations and Companies) Rules, 1971) and this Hon'ble Court (by violation of Exhibits P8 & P9 reported decisions); and further
(ii) Declare that reporting of vacancies is permissible after the expiry of Rank List, in the event of illegal, fraudulent non- reporting of the vacancies by the State or its instrumentality;
and
(iii) Issue a writ, order or direction in the nature of mandamus commanding the 1st Respondent to report all posts, manned by temporary employees for more than one year continuously which are 498 in number as vacancies to the 2 nd Respondent as the vacancies due to the Rank-holders of Exhibit P2 Ranklist, within a timeframe to be stipulated by this Hon'ble Court; and
(iv) Issue a writ, order or direction in the nature of mandamus commanding the 2nd Respondent PSC to issue consequential advice to the 498 number of vacancies reported by the 1 st WP(C) No.17663/2022 3/5 W.P.(C). No.15135 of 2022 2 Respondent in favour of the Petitioners and the Rank- holders of Exhibit P2 Ranklist, in accordance with law"
2. Heard the learned counsel for the petitioners, the learned standing counsel appearing for the Corporation as well as the learned standing counsel appearing for the PSC.
3. It is the contention of the petitioners that the non cadre posts and the vacancies therein are also liable to be filled up from the existing ranked list which is due to expire tomorrow.
4. The learned standing counsel appearing for the Corporation points out that the non cadre posts are specifically those which have been created for accommodating three specific categories of workers who are not included in the cadre strength and that Ext.P6 itself would show that those posts are a vanishing category. It is contended that it is clear from Ext.P6 itself that the posts held by the workers in the non cadre posts will cease to exist on the present incumbents in the posts retiring or vacating office by any other means.
5. In the above view of the matter, I am of the opinion that the WP(C) No.17663/2022 4/5 W.P.(C). No.15135 of 2022 3 petitioners can seek the reporting of the vacancies only within the cadre strength of the respective posts.
6. The learned counsel for the Corporation submits that all available vacancies within the cadre strength have already been reported to the 2 nd respondent. It is submitted that 143 vacancies have been reported during the currency of the ranked list.
In the above view of the matter, the interim prayer as sought for by the petitioners is declined. However, in case there are vacancies available within the cadre strength of LD Clerk occupied by daily wage workers or by temporary employees, the same shall be reported to the 2 nd respondent forthwith.
Sd/-
ANU SIVARAMAN JUDGE H/o to all sides.
NP
01-06-2022 /True Copy/ Assistant Registrar
WP(C) No.17663/2022 5/5
APPENDIX OF WP(C) 17663/2022
Exhibit P2 A TRUE PHOTOCOPY OF THE RELEVANT EXTRACTS OF RANK LIST
NO.329/19/ER IVB DATED 03/06/2019 OF LDC POST IN KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. (CATEGORY NO.561/2014), PUBLISHED BY PSC.
Exhibit P6 A TRUE PHOTOCOPY OF THE G.O.(K) NO.13/2021/T.D. DATED 12/02/2021 ALONG WITH ITS ANNEXURE I ISSUED BY THE DEPARTMENT OF TAXES OF THE GOVERNMENT OF KERALA. Exhibit P8 A TRUE PHOTOCOPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HON'BLE COURT, MANOJ K.R. AND OTHERS V. KERALA STATE BEVERAGES CORPORATION AND OTHERS REPORTED IN 2006 KHC 1474.
Exhibit P9 A TRUE PHOTOCOPY OF THE JUDGMENT OF THE SINGLE BENCH OF THIS HON'BLE COURT, NAJEEMA M.M. AND OTHERS V. KERALA STATE BEVERAGES (M&M) CORPORATION, SASTHAMANGALAM AND ANOTHER REPORTED IN 2013(1) KHC 128.