Kerala High Court
Jayaprakash .S vs State Of Kerala on 13 July, 2021
WP(C) No.32980/2019 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Tuesday, the 13th day of July 2021 / 22nd Ashadha, 1943
WP(C) NO. 32980 OF 2019
PETITIONERS:
1. JAYAPRAKASH.S, EMPLOYEE CODE NO. 5682, OFFICE ATTENDANT (SPECIAL
GRADE) KERALA STATE FINANCIAL ENTERPRISES LTD, 3RD BRANCH, ALAPUZHA.
2. GOPAKUMAR G, EMPLOYEE CODE NO. 5822, OFFICE ATTENDANT (SPECIAL
GRADE) KERALA STATE FINANCIAL ENTERPRISES LTD, MUHAMMA BRANCH,
ALAPUZHA.
3. GOPALAKRISHNAN M.R, EMPLOYEE CODE NO..3806,OFFICE ATTENDANT (SPECIAL
GRADE) KERALA STATE FINANCIAL ENTERPRISES LTD,, MANNANCHERRY,
ALAPUZHA.
4. RADHA S, EMPLOYEE CODE NO. 4541, OFFICE ATTENDANT (HIGHER GRADE)
KERALA STATE FINANCIAL ENTERPRISES LTD, ALAPPUZHA-III BRANCH,
ALAPPUZHA.
5. BINU K, EMPLOYEE CODE NO. 5160, OFFICE ATTENDANT (SPECIAL GRADE)
KERALA STATE FINANCIAL ENTERPRISES LTD, NADUVANNUR BRANCH.
6. SIBY PETER, EMPLOYEE CODE NO. 5737, OFFICE ATTENDANT (SPECIAL
GRADE) KERALA STATE FINANCIAL ENTERPRISES LTD, KOOTHATTUKULAM
BRANCH, KOTTAYAM.
7. SETHUMADHAVAN T.V, EMPLOYEE CODE NO. 3836, OFFICE ATTENDANT (SPECIAL
GRADE) KERALA STATE FINANCIAL ENTERPRISES LTD, PERAMBRA BRANCH,
KOZHIKODE.
8. JYOTHILAL K.S, EMPLOYEE CODE NO. 5749, OFFICE ATTENDANT (SPECIAL
GRADE) KERALA STATE FINANCIAL ENTERPRISES LTD, CHATHANNUR BRANCH,
KOLLAM.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695
001.
2. THE KERALA STATE FINANCIAL ENTERPRISES LTD (KSFE), REGISTERED
OFFICE, BADHRADA, THRISSUR 680 020 REPRESENTED BY ITS MANAGING
DIRECTOR.
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 2nd respondent to immediately fill up at least 21
vacancies of Junior Assistants by appointment by transfer on par with
Exhibit P11 (in the light of Exhibit P1 and P10 Government Orders and
Exhibit P9 Judgment of this Hon'ble Court provisionally), pending disposal
of the writ petition.
(2) Stay all further proceedings pursuant to Ext.P21, pending
disposal of the Writ Petition (Civil).
WP(C) No.32980/2019 2/6
(Interim relief no.2 added as per order dated 11/02/2021 in
IA.NO.1/2021 in wpc 32980/2019)
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's
order dated 08.04.2021 and upon hearing the arguments of SRI.K.JAJU BABU
(SENIOR ADVOCATE) along with M/S.NEETU VINOD & BRIJESH MOHAN, Advocates
for the petitioners , M/S.M.GOPIKRISHNAN NAMBIAR, JOSON MANAVALAN, K.JOHN
MATHAI, KURYAN THOMAS & PAULOSE C.ABRAHAM, Advocates for R2,
M/S.T.C.SURESH MENON & P.S.APPU, Advocates for Addl.R3 to R5 sought to be
impleaded and of M/S.ELVIN PETER P.J.& K.R.GANESH, Advocates for Addl.R6
to R9 sought to be impleaded, the court passed the following:
WP(C) No.32980/2019 3/6
DEVAN RAMACHANDRAN, J.
================================
W.P.(C).Nos.32980/ 2019, 25125/20, 22986/20
&
12191/2020
=================================
Dated this the 13th day of July, 2021
ORDER
In resolving the issues in these cases, I am certain that
the specific views of the Government becomes unexpendable.
2. I say this because, through an Order in the year
1974, the Government allowed Last Grade employees of the
Subordinate Service to aspire for "by-transfer" promotion to
the post of Junior Assistant, through a competitive examination
conducted by the Public Service Commission.
3. Subsequently, in the year 2014, the Government
issued another order providing for a separate 10% quota, in
which Last Grade Employees can aspire to be promoted to the
post of Junior Assistant "by-transfer", on the strength of
qualification and seniority.
4. It is conceded before me that these Government
Orders have been made applicable to the KSFE.
5. It is also admitted that as at present, the
qualification to the post of Junior Assistant is Graduation.
6. Therefore, the question arises whether these are two
quotas - one to enable persons who have no Graduation to
WP(C) No.32980/2019 4/6
W.P.(C).Nos.32980/ 2019 & conn. Cases
aspire for promotion "by-transfer" through a competitive
examination and the other for promotion by-transfer based on
qualification and seniority - are distinct or otherwise.
7. However, the Government have now issued an
order dated 02.02.2021, according sanction to the KSFE to
implement the 2014 order for 10% reservation of qualified
Last Grade employees who possess Graduation and SSLC
according to the seniority. This order was modified through a
subsequent one dated 08.02.2021, clarifying that the words
"Graduation and SSLC" in the earlier orders should be read as
"both Graduates and SSLC holders".
8. The effect now, therefore, is that in both the quotas,
a person with the qualification of SSLC can apply and this,
prima facie case, creates an incongruous situation where, one
stream gets promoted through a competitive examination;
while the other merely on seniority.
9. At first blush, I do not think that the Government
intended this through their orders of the year 1974 and 2014.
10. On a bare reading of these orders, it is clear that
WP(C) No.32980/2019 5/6
W.P.(C).Nos.32980/ 2019 & conn. Cases
these two streams were intended to be different ones; one for
persons without qualification and the other for those with the
requisite qualifications.
11. When I heard these matters earlier, I had directed
the Government to respond to this, but instead of doing so,
they have issued the orders dated 02.02.2021 and 08.02.2021
as referred above. Needless to say, these orders have now
created more confusion.
12. I am, therefore, of the firm view that the
Government must now file appropriate pleadings at the
earliest, explaining why they have chosen to accord sanction
to allow both Graduates and SSLC holders to both the quotas,
which, prima facie, was not their intention while 2014 order
was issued.
13. This is manifest because, in fact, the Government
had issued another order on 08.08.2018, attempting to modify
the educational qualification for the quota, created through
1974 order, as being DCA and Degree; but that was
withdrawn on the basis of representations from the
WP(C) No.32980/2019 6/6
W.P.(C).Nos.32980/ 2019 & conn. Cases
employees.
14. Therefore, as matters stood until now, under the
1974 order in - service candidates with SSLC can be promoted
'by-transfer' through a competitive examination; while under
the 2014 order, only Graduates can aspire on the strength of
seniority and qualifications. However, with the latest orders,
this appears to have been completely altered and candidates
with SSLC can now seek promotion 'by-transfer' under both
these quotas. This, certainly, the Government must explain
cogently.
I, therefore, adjourn this matter to be called on
09.08.2021; within which time, the Government shall file
appropriate counter pleadings touching upon the specific
observations of this Court as indited above.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
rp
H/o
13-07-2021 /True Copy/ Assistant Registrar
