Kerala High Court
Jithesh V vs State Of Kerala on 15 December, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 30646 OF 2023
PETITIONERS:
1 JITHESH V
AGED 31 YEARS
S/O.BALAKRISHNAN, OPERATOR, KERALA WATER AUTHORITY,
P.H.SUB DIVISION, KANHANGAD, KASARGOD -671315,
(RESIDING AT SHARANAM, MANIYIL, CHATHANKAI, CHANDRAGIRI
P.O, KASARGOD)., PIN - 671317
2 VISHNU PRATHAP NAIR P
AGED 36 YEARS
S/O.PEETHAMBARAN NAIR, OPERATOR, KERALA WATER
AUTHORITY, P.H.SUB DIVISION, KOTTAYAM-686002, (RESIDING
AT KAKKANATTU (H), ETTUMANOOR P.O VALLIKKADU,
KOTTAYAM)., PIN - 686631
BY ADVS.
VARUN C.VIJAY
DIVYA CHANDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF WATER RESOURCES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001., PIN - 695001
2 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
W.P.(C) No.30646, 30215, 34313 of 2023 2
3 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY THE SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
4 SATHEESH KUMAR S
DRAFTSMAN GR.II, O/O.CHIEF ENGINEER, SOUTHERN REGION,
KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, PIN -
695001
5 SEENA JOSE C
AGED 49 YEARS
W/O.JAISON K.I, DRAFTSMAN GRADE II,
KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION,
THRISSUR, RESIDING AT KUTTIKATT HOUSE,
THALAKOTTUKAVU P.O. KEECHERY (VIA),
THRISSUR, PIN - 680501
6 ABDUL SHABEER C
AGED 36 YEARS
S/O.VEERAN N.K, UPPER DIVISION CLERK, KERALA WATER
AUTHORITY, P.H.DIVISION, KOZHIKODE -673009, RESIDING AT
PUTHALATH HOUSE, IRUVALLUR P.O., CHELANNUR VIA,
KOZHIKODE, PIN - 673616
*7 PRADEESH KUMAR G
AGED 36 YEARS, DRAUGHTSMAN GRADE-I,
KERALA WATER AUTHORITY, P.H.SECTION, KONNI,
PATHANAMTHITTA-689691, RESIDING AT PRASANTH BHAVAN,
ANTHAMON, KALAYAPURAM P.O. KOTTARAKKARA,
KOLLAM DISTRICT, PIN- 691560
8 APARNA E.M, AGED 34 YEARS,
D/O.MOHANAN E.R, DRAUGHTSMAN GRADE -I,
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
WATER WORKS SUB DIVISION, KERALA WATER AUTHORITY,
THRISSUR DISTRICT, RESIDING AT ERIYAKKADAN HOUSE,
CHENGALOOR P.O, PUDUKKAD VIA, THRISSUR -680312
9 SYAM S
DRAUGHTSMAN GRADE I, KERALA WATER AUTHORITY,
PUBLIC HEALTH DIVISION, KOLLAM -691001
W.P.(C) No.30646, 30215, 34313 of 2023 3
10 DEEPAK VIJAY
S/O.K.D.VIJAYAN (LATE), DRAUGHTSMAN GRADE I,
P.H.CIRCLE, KOTTAYAM, KERALA WATER AUTHORITY, RESIDING
AT KARIMAMKUZHIYIL HOUSE, PADUVA P.O,
AYARKKUNNAM VIA, KOTTAYAM DISTRICT 686564
11 SANDEEPKUMAR N.B
DRAFTSMAN GRADE 2, KERALA WATER AUTHORITY,
PUBLIC HEALTH DIVISION SHORANUR -679121
* IMPLEADED AS PER ORDER DATED 17.10.2023 IN
I.A.01/2023 IN WP(C)30646/2023
BY ADVS.
GEORGIE JOHNY
ELVIN PETER P.J.
K.R.GANESH(K/000551/1991)
GOURI BALAGOPAL(K/002008/2019)
ABHIJITH.K.ANIRUDHAN(K/1644/2020)
SREELEKSHMI A.S.(K/1313/2021)
OTHER PRESENT:
SRI. P M JOHNY, SC FOR KERALA WATER AUTHORITY & SRI. P
C SASIDHARAN, SC FOR KPSC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, ALONG WITH WP(C)No.30215/2023, 34313/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.30646, 30215, 34313 of 2023 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 30215 OF 2023
PETITIONERS:
1 AJI BALAKRISHNAN
AGED 44 YEARS
S/O BALAKRISHNAN(LATE), OPERATOR, KERALA WATER
AUTHORITY, PH SUBDIVISION, KADAKKAL, PIN - 691536
2 PURUSHOTHAMAN.K.V,
AGED 43 YEARS
S/O PADMANABHAN.K.V (LATE ), OPERATOR, KERALA WATER
AUTHORITY, PH SECTION, CHERUVATHUR, PIN - 671313
3 SOORAJ K N
AGED 38 YEARS
S/O NARAYANAN K V, OPERATOR, KERALA WATER AUTHORITY,
PH SECTION, KANHANGAD, KASARAGOD, PIN - 671315
4 SAJU.M
AGED 35 YEARS
S/O SOMASUNDARAN, OPERATOR, KERALA WATER AUTHORITY,
PH SUB DIVISION, MALAPPURAM, PIN - 676505
5 ABHILASHKUMAR .M
AGED 35 YEARS,S/O ARAVINDHAKSHAN.M, OPERATOR,
KERALA WATER AUTHORITY, WS AUGMENTATION SECTION,
PALAKKAD, PIN - 678001
6 ABHILASH S
AGED 32 YEARS
S/O SREEDHARAN PILLAI K, OPERATOR, KERALA WATER
AUTHORITY, HEAD WORKS SECTION, SASTHAMCOTTA,
PIN - 690521
W.P.(C) No.30646, 30215, 34313 of 2023 5
7 JUBY PAUL CHERIAN
AGED 32 YEARS
S/O N. C CHERIAN(LATE ), OPERATOR, KERALA WATER
AUTHORITY P. H SECTION, MALLAPPALLY -, PIN - 689585
8 ANUP M
AGED 32 YEARS
S/O K MOHANAN NAIR, OPERATOR, KERALA WATER AUTHORITY,
WATER SUPPLY SUBDIVISION, ARUVIKKARA-, PIN - 695564
9 AKSHAY RAJ V
AGED 32 YEARS
S/O M P VIJAYAKUMAR(LATE), OPERATOR, KERALA WATER
AUTHORITY WATER SUPPLY SUBDIVISION, ARUVIKKARA-,
PIN - 695564
10 FAHEEM.V
AGED 32 YEARS
S/O VEERANKOYA V, OPERATOR, KERALA WATER AUTHORITY,
PH SECTION, AREEKODE, PIN - 673639
11 SHAMEEM M P
AGED 35 YEARS
S/O USSAIN KUTTY MUNDAPPILAKKIL (H), PALANGAD,
NARIKUNI P.O, KOZHIKODE -673585,
WORKING AS SURVEYOR GR-I, KERALA WATER AUTHORITY,
P P D CAMP OFFICE, KOZHIKODE, PIN - 673020
12 JINCY K.P
AGED 32 YEARS
D/O SURENDRAN K P, KIZHAKKEPUTHENVALAPPIL (H),
KOTHAMANGALAM-, KOYILANDY P.O, KOZHIKODE -673305
WORKING AS SURVEYOR GR-I,KERALA WATER AUTHORITY,
P P D CAMP OFFICE, KOZHIKODE, PIN - 673020
BY ADV JOHNSON JOSE PANJIKKARAN
W.P.(C) No.30646, 30215, 34313 of 2023 6
RESPONDENTS:
1 STATE OF KERALA
-REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER
RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM, PIN - 695001
3 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM P.O,
THIRUVANANTHAPURAM, PIN - 695004
4 SATHEESH KUMAR S, DRAFTSMAN GR.II, O/O.CHIEF ENGINEER,
SOUTHERN REGION, KERALA WATER AUTHORITY,
THIRUVANANTHAPURAM, PIN 695001 )
5 SEENA JOSE C, AGED 49 YEARS,
W/O.JAISON K.I, DRAFTSMAN GRADE II,
KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION,
THRISSUR, RESIDING AT KUTTIKATT HOUSE,
THALAKOTTUKAVU P.O. KEECHERY (VIA), THRISSUR,
PIN -680501
6 ABDUL SHABEER C, AGED 36 YEARS,
S/O.VEERAN N.K, UPPER DIVISION CLERK,
KERALA WATER AUTHORITY, P.H.DIVISION, KOZHIKODE
-673009, RESIDING AT PUTHALATH HOUSE, IRUVALLUR P.O.,
CHELANNUR VIA, KOZHIKODE PIN -673616
(IMPLEADED AS PER ORDER DATED 5.10.2023 IN
I.A.No.3/2023)
BY ADVS.
P.C SASIDHARAN
ELVIN PETER P.J.
K.R.GANESH(K/000551/1991)
GOURI BALAGOPAL(K/002008/2019)
ABHIJITH.K.ANIRUDHAN(K/1644/2020)
W.P.(C) No.30646, 30215, 34313 of 2023 7
SREELEKSHMI A.S.(K/1313/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, ALONG WITH WP(C).30646/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.30646, 30215, 34313 of 2023 8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 34313 OF 2023
PETITIONERS:
1 DEEPAK VIJAY,
AGED 31 YEARS
S/O. LATE VIJAYAN K.D., DRAFTSMAN GRADE-I,
KERALA WATER AUTHORITY, P.H.CIRCLE, KOTTAYAM-686 002,
KARIMAMKUZHIYIL HOUSE, PADUA.P.O.,
KOTTAYAM, PIN - 686564
2 SANDEEPKUMAR N.B.,
AGED 39 YEARS
S/O. BHASKARAN.N.R., DRAFTSMAN GRADE-I, KERALA WATER
AUTHORITY, P.H. SUB DIVISION, GURUVAYOOR,
NJARAKKAPARAMBIL HOUSE, PULIYANAMKUNNU.P.O.,
CHALAVARA, PALAKKAD, PIN - 679505
BY ADVS.
ELVIN PETER P.J.
GOURI BALAGOPAL
SREELEKSHMI A.S.
K.R.GANESH
ABHIJITH.K.ANIRUDHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER
RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695001
W.P.(C) No.30646, 30215, 34313 of 2023 9
3 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM PALACE.P.O.,
THIRUVANANTHAPURAM, PIN - 695004
BY ADV P.M.JOHNY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, ALONG WITH WP(C).30646/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.30646, 30215, 34313 of 2023 10
JUDGMENT
[WP(C) Nos.30646/2023, 30215/2023, 34313/2023]
The petitioners in W.P.(C) No.30646/2023 and W.P.(C) No.30215/2013 are
working as "Operators" in the Kerala Water Authority (KWA). They are aspirants
for the post of Assistant Engineer in the Kerala Water Authority under the
in-service/departmental quota. Their grievance in these writ petitions is that they
have been denied an opportunity to participate in the selection process for the
post of Assistant Engineer, which has been notified as Category No. 138/2022 by
the Kerala Public Service Commission (KPSC) on the ground that as on the date
of notification, the persons like petitioners were not eligible to apply for the said
post under the in-service/departmental quota in terms of the Kerala Public Health
Engineering Subordinate Service Special Rules, 1966 (PHESS Rules, 1966)
2. W.P.(C) No.34313/2023 has been filed by the petitioners who have
been working as Draftsman Grade-II in the KWA. They contend that they possess
the qualification of degree in Engineering and are fully qualified to be considered
for appointment to the post of Assistant Engineer in the 10% quota year marked
for Direct Recruitment to the in-service candidates. The petitioners have
approached this Court challenging Exhibit P9 order passed by the Government by
which the Government has decided to consider the petitioners in W.P.(C)
No.30646/2023, who have already participated in the common test in General
Category (Category No. 137/2022), for by-transfer category (Category No.
138/2022) recruitment as well. According to the petitioners, by issuing Exhibit P9
Government Order, the Government has indirectly implemented Exhibit P5
Special Rules with retrospective effect from the date of issuance of Exhibit P3
notification.
3. As common issues are involved, all these repetitions are taken up
and disposed of by a common judgment. Parties and exhibits shall be as
described in W.P.(C) No.30646 of 2023.
4. Before delving in detail into the rival contentions, the bare minimum
facts which led to the notification and the consequential orders issued by this
Court which ultimately led to the passing of Exhibit P9 order need be briefly
stated.
5. The conditions of service of employees in the KWA are governed by
the Kerala Public Health Engineering Subordinate Service Special Rules, 1966
(PHESS Rules, 1966) and the Kerala Public Health Engineering Service Special
Rules, 1960 (PHES Rules, 1960).
5.1. The PHESS Rules, 1966 was issued on 01.11.1966, and it provides
that the service shall consist of about 43 categories of officers. The relevant
categories for the purpose of this case are as under:
Rule 1 Category I - Junior Engineer/Minor Irrigation Supervisor
Rule 1 Category IV - Draftsman/Water Works Inspector/
Drainage Inspector/ Overseer Grade I
5.2. Rule 2 deals with the appointment to the various categories. The
relevant portion reads thus:
Category Method of appointment
(1) (2)
1. Junior Engineer/Minor 1. Direct recruitment.
Irrigation Supervisor and
2. Promotion from category 4.
Note:- (i) Direct recruitment and
appointment by promotion shall be made
in the ratio of 6:4. Diploma holders and
Certificate holders shall be promoted in
the ratio 3:1.
(ii) The above ratio shall be applied to
the total cadre strength of Junior
Engineers in the Department.
The provision says that the appointment shall be through Direct
Recruitment and Promotion from category 4, and it shall be in a ratio of 6:4.
5.3. The Note (vii) to Rule 2 details the manner of making the
appointment. The said Rule reads thus:
Note: (vii) Subject to the provisions in item (i) in making appointment to
the category by direct recruitment, appointment to 54% of the post shall
be made by direct recruitment of candidates from the open market and
6% by direct recruitment from among Draftsman/Water Works
Inspector/Drainage Inspector/Overseer Grade I or II or Works
Superintendents Grades I and II or Clerks in the Public Health Engineering
Department of the Government of Kerala.
5.4. The post of Junior Engineer has been redesignated as Assistant
Engineer by a later Government Order.
5.5. For appointment to the post of Assistant Engineer, there exists two
methods of appointment. One is by direct recruitment and the other by
promotion from the category of Draftsman Grade-I/Overseer Grade I. It would be
pertinent to note that the post of Operator has not been included in the above
category of low paid employees entitled for promotion.
5.6. The Rule position being as above, the KPSC issued Exhibit P1
notification dated 04.05.2022 (Category No. 138/2022) inviting applications from
qualified candidates for appointment to the post of Assistant Engineer, in the
departmental quota from in-service candidates. The number of vacancies is
stated as 8 and those vacancies were to be filled up through direct recruitment
under the in-service quota.
5.7. As per the Special Rules, the petitioners in W.P.(C) Nos.30646/2023
and 30215/2023 were not entitled to apply as they were working as Operators.
The petitioners in W.P.(C) No.34313/2023 responded to the notification as they
possessed the requisite qualification and as they belonged to the category of
employees who were permitted to apply for direct recruitment under in-service
quota to the post of Assistant Engineer.
5.8. The Public Service Commission after conducting a written test,
published a select list of candidates who were eligible for appearing for the
interview for appointment to the post of Assistant Engineer in the departmental
quota. The petitioners in W.P.(C) No. 30646/2023 and 30215/2023 were not
included in the select list but the names of the petitioners in W.P.(C) No. 34313
of 2023 found a place in the select list. They were called for an interview and the
ranked list was published.
5.9. In the meantime, Draft Rules had been published and the Operators
felt that a window of opportunity was opened to them to aspire for the post of
Assistant Engineer under the in-service quota. As the petitioners in W.P.(C) No.
30646/2023 were denied opportunity to participate in the selection process, they
approached this Court and filed W.P.(C) No.1860/2021. This Court passed an
interim order directing the PSC to consider the applications submitted by the
petitioners for selection on the strength of the draft rules which had not come
into force.
5.10. The order passed by the learned Single Judge was taken in appeal
by the PSC. The Division Bench of this Court, after considering the entire
conspectus of the matter, allowed the writ petition and set aside the order
passed by the learned Single Judge. While allowing the writ petition it was held
that as the extant Rules have not been replaced by the proposal and draft special
Rules, the PSC could not have issued a notification including any other
qualification other than what is prescribed in the Special Rules. It was also
emphatically held that the selection on the basis of the existing Special Rules
cannot be allowed to be stalled on the basis of the draft Special Rules, which are
yet to come into force. It was further held that the interim order passed by the
learned Single Judge goes against the qualifications prescribed in the notification
and has the effect of permitting ineligible candidates to appear for the selection
proceedings, the same cannot be legally sustained.
5.11. The petitioners contend that even prior to the passing of the
judgment by the Division Bench, the 1st respondent had directed the MD, KWA,
to report as to whether persons in the lower category should be included in
Ext.P1 notification. Immediately thereafter, the 2nd respondent requested the
1st respondent to issue an executive order to enable the petitioners to take part
in the selection.
5.12. While so, some of the Operators which include the petitioners
approached this Court and filed W.P.(C) No. 1860/2021 and connected cases
seeking issuance of directions to the 1st respondent to act on the
recommendations made by the Managing Director. By an interim order dated
14.10.2022 in W.P.(C) No. 30716/2019 and connected cases (Ext.P3 in W.P.(C)
No.30646/2023), this Court directed the 1st respondent to consider the report of
the Managing Director and take a decision. In terms of the directions issued, the
1st respondent issued Ext.P4 order dated 7.11.2022 rejecting the claim of the
petitioner. This order was challenged by the petitioners by filing W.P.(C)
No.36809/2022.
5.13. By Ext.P5 judgment dated 23.12.2022, this Court held that the 1st
respondent had not considered the matter in its proper perspective and directed
the Government to pass an executive order exempting or relaxing the rigor of the
Special Rules in accordance with the provisions of the Draft Special Rules. In
terms of the directions issued by this Court, when no orders were passed, the
petitioners approached this court and filed Cont.Case(C) No. 317/2023. In the
meantime, Ext.P6 order was issued yet again, rejecting the request. This order
was challenged by the petitioners by filing W.P.(C) No.12012/2023.
5.14. Whileso, this Court in Cont. Case (C) No. 317/2023 issued Ext.P8
order directing the Government to pass fresh orders as it was felt that the
reasons stated for refusing the claim of the petitioners for participating in the
selection process as in-service candidates was not satisfactory. In the light of
the above order, W.P.(C) No. 12012/2023 was closed.
5.15. It is pertinent to note that some of the operators, including the
petitioners, had approached this Court seeking to direct the State to finalize the
draft Technical Service Rules for the Kerala Water Authority and to include the
category of operators also in the PSC notifications for recruitment to the post of
Assistant Engineers. They had also sought to include the operators in the PSC
notification which had already been published. During the pendency of the writ
petition, the KWA promulgated the Kerala Water Authority Technical Service
Rules as per Extra Ordinary Gazette No.358 dated 30.01.2023 and published
G.O.(P) No.1/2023/WRD dated 27.01.2023. A learned Single Judge by judgment
in Rexin P.S. and Ors. v. State of Kerala and Ors1 came to the conclusion
that in view of the promulgation of the Kerala Water Authority Technical Service
[2023:KER:38032]
Rules, their prayer for finalizing the draft rules has practically become
infructuous. Insofar as the prayer of the petitioners to include operators in the
PSC notification, which has already been published, is concerned, reliance was
placed on the law laid down in State of Himachal Pradesh and Ors. v. Raj
Kumar and Ors. [2022 SCC OnLine 680], and it was held that there cannot be
any right for the employee outside the rule governing the service. Accordingly,
the prayer was rejected. This Court also held that the KWA or the PSC cannot be
directed to consider the petitioners for appointment to the in-service quota
vacancies of Assistant Engineers against the vacancies notified by the PSC prior
to the promulgation of the Kerala Water Authority Technical Service Rules. The
judgment rendered by the Division Bench was challenged by the petitioners in
Appeal and by judgment in Rexin P.S. and Ors. v. State of Kerala and Ors
[Neutral Citation No. 2023:KER:53817], this Court confirmed the order passed by
the learned Single Judge and held that the petitioners could only aspire for such
vacancies based on new rules in accordance with any notification to be issued by
the PSC. The petitioners were granted liberty to claim for any vacancies covered
by the new rules at the appropriate time.
5.16. In the meantime, in pursuance to the orders passed by this Court in
Contempt Case No. 317/2023, the Government came out with G.O. (Rt) No.
759/2023/WRD. Dated 24.8.2023 (Ext.P11 in W.P.(C) No. 30646/2023) permitting
the petitioners in the Contempt Case to be considered under the by-transfer
category (Category No. 138/2022) as well.
5.17. The petitioners assert that despite the passing of Ext.P11 order in
their favour, when Ext.P12 shortlist and Ext.P14 ranked list was issued in respect
of Category No. 138/2022, their names were excluded. It is on these assertions
that W.P.(C) No.30646/2023 has been filed seeking to quash Ext.P12 and P14
and for a declaration that they are also entitled to be considered for selection to
the post of Assistant Engineer under Category No. 138/2022 pursuant to Ext.P1
notification and that they are entitled to be included in Ext.P12 and P14. Various
other reliefs are also sought.
6. The facts and assertions in W.P.(C) No. 30215/2023:
This writ petition is also filed by employees working in the lower
category in the Kerala Water Authority. They assert that they are also qualified
for appointment to the post of Assistant Engineer in the KWA as per the Kerala
Water Authority Technical Service Rules, 2023. They contend that despite
directions issued by this Court in Rexin P.S. and Ors. v. State of Kerala and
Ors [Neutral Citation No. 2022:KER:74964], the respondents have not acted in
terms of the directions. Identical contentions as has been raised in W.P.(C) No.
30646/2023 has also been raised in this writ petition and their prayer is to
include the names of the petitioners as well in Ext.P4 order dated 24.8.2023 and
to consider them under the by-transfer category (Category No. 138/2022).
7. The facts and assertions in W.P.(C) No. 34313/2023:
This writ petition is filed seeking to quash G.O. (Rt) No.
759/2023/WRD. dated 24.8.2023 issued by the Government by which the
petitioners in W.P.(C) No. 30646/2023 were also ordered to be considered under
the by-transfer category. The contention of the petitioners is that the Kerala
Water Authority Technical Service Rules, 2023, came into force only on 30.1.2023
and therefore, the Rules can be made applicable only to those vacancies that
arose after 30.1.2023. They contend that they had entered service as Draftsman
Grade-II in the KWA and they possess the qualification to be considered for
appointment to the post of Assistant Engineer in the 10% quota earmarked for
direct recruitment to in-service candidates. According to the petitioners, the post
of Operator is not considered as a feeder category in terms of the PHESS Rules,
1966 and the PHES Rules 1960. It is contended that a notification inviting
applications from qualified candidates for filling up 8 vacancies in the post of
Assistant Engineer in the Departmental quota from in-service candidates being
Category No. 138/2022 was issued on 4.5.2022 and as on the date of issuance of
notification, the post of Operator was not included in the feeder category. It is
contended that the Operators can aspire for any vacancy that arose only after
30.1.2023 on which date, the Kerala Water Authority Technical Service Rules,
2023 had come into force. They contend that G.O. (Rt) No. 759/2023/WRD.
dated 24.8.2023 (produced as Ext.P9 in W.P.(C) No. 34313/2023) is illegal in as
much as the Government has no authority to act contrary to the Special Rules
that has been promulgated particularly when the Special Rules clearly stipulates
that it shall operate only prospectively. It is on these assertions that they have
sought to quash Ext.P9 Government Order and for issuance of directions to the
competent respondent to advise the petitioners to the post of Assistant
Engineers in the light of their inclusion in Ext.P4 rank list pursuant to Ext.P3
notification.
8. Assertions in the Counter Affidavit filed by the KPSCA in W.P.(C) No.
30646/2023.
It is stated that notification for the post of Assistant Engineer (from
Departmental candidates) was issued in the Gazette dated 4.5.2022 in Category
No. 138/2022. At the time of issuance of notification, the notification for the post
was published as per the Kerala Public Health Engineering Subordinate Service
Rules which is hitherto being followed in KWA for Recruitment, Promotion, and
Allied matters. It is stated that the Division Bench of this Court in W.A.No.
937/2022 and connected cases had held that as on the date of issuance of
notification, Operators were not qualified to apply for the post of Assistant
Engineer. They also contend that a learned Single Judge in W.P.(C) No.
4614/2023 and connected cases had occasion to hold that the Operators were
not eligible for appointment as Assistant Engineers till the Technical Service Rules
were published on 30.1.2023. This judgment rendered by the learned Single
Judge was upheld by the Division Bench in W.A.No. 1322/2023. It is stated that
the category of Operators are not included in the feeder category as on the date
of notification and therefore, they are not eligible to be included in the selection
process initiated prior to the amendment. It is stated that G.O. (Rt) No.
759/2023/WRD. Dated 24.8.2023 cannot be complied with since it is contrary to
the notified qualification for the selection. It is for the said reason that the
names of the petitioners in W.P.(C) No. 30646/2023 were not included in the
short list or the ranked list. It is stated that 8 vacancies were notified before the
amendment of the Special Rules and hence, the petitioners are not eligible to be
considered for the above vacancies. They would have the eligibility to be
considered only in the vacancies that occurred after the inclusion of the post of
Operators in the feeder category pursuant to the promulgation of the Kerala
Water Authority Technical Service Rules, 2023.
9. I have heard Sri. Varun C. Vijay, the learned counsel appearing for
the petitioners in W.P.(C) No.34606/2023, Sri. Johnson Jose Panjikkaran, the
learned counsel appearing for the petitioners in W.P.(C) No. 30215/2023, Sri.
Elvin Peter. P.J., the learned counsel appearing for the petitioners in W.P.(C) No.
34313/2023, Sri.P.M.Johny, the learned standing counsel appearing for the Kerala
Water Authority, Sri. P.C. Sasidharan, the learned standing counsel appearing for
the Kerala Public Service Commission and Sri. Jimmy George, the learned
Government Pleader.
10. There is no dispute with regard to the fact that the Special Rules
that lays down the conditions of service applicable in the KWA were the Kerala
Public Health Engineering Subordinate Service Rules, 1966 and the Kerala Public
Health Engineering Service Special Rules, 1960. The method of appointment and
qualification for appointment to the post of Assistant Engineer is prescribed in
the Kerala Public Health Engineering Subordinate Service Rules, 1966. For
appointment to the post of Assistant Engineer, there are two modes - one is by
Direct Recruitment and the other is through the mode of by-promotion from the
category of Draftsman Grade-I. From Note 2 to Rule 2, the appointment to the
category of Assistant Engineer by Direct Recruitment, 54% of the post shall be
by Direct Recruitment of candidates from the open market and 6% by direct
recruitment from among the Draftsman/Waterworks Inspector/Drainage
Inspector/Overseer Gr. I and I.
11. It was on 4.5.2022 that the KPSC had issued a notification calling for
applications from qualified candidates for appointment to the post of Assistant
Engineer in the Departmental quota from the in-service candidates as Category
No. 138/2022. From the notification, it is evident that there existed 8 vacancies
of Assistant Engineers to be filled up by the above mode. As on the date of
issuance of the notification, the post of Operator or that of Surveyor Grade-I was
not included in the feeder category so as to make them eligible to apply for
direct recruitment. However, there was a proposal to bring out the Kerala Water
Authority Technical Service Rules and it was in the draft stage. In the draft rules,
the post of Operator and some other lower category posts were also included in
the feeder category. This prompted some of the Operators to approach this
court seeking directions. A learned Single Judge of this Court granted an interim
order and directed the KPSC to consider them on the basis of the draft special
rules, which had not come into force.
12. The matter was taken in appeal by the KPSC and a Division Bench of
this Court in Ext.P2 judgment allowed the appeal and set aside the order passed
by the learned Single Judge. It was held that the extant rules not having been
replaced by the Special Rules, the KPSC could not have issued a notification
including any other qualification other than what is prescribed in the existing
rules. It is also held that the selection on the basis of the existing special rules
cannot be allowed to be stalled on the basis of the draft special rules which are
yet to come into force. Holding so, the order permitting the petitioners to
participate in the selection process was set aside.
13. Though the Government proceeded to pass Ext.P4 and P6 Orders
refusing the request of the Operators to apply to the in-service quota, later,
pursuant to the order passed by the learned Single Judge in the Contempt Case ,
they have proceeded to issue Ext.P11 order permitting the petitioners in W.P.(C)
No. 30646/2023 to be considered under the by-transfer category as well. By
issuing such an order, the Government has permitted the employees working in
the category of Operators, which did not fall in the feeder category as per the
Rules prevailing at the time of notification to be included and also to consider
their candidature for appointment to the post of Assistant Engineer. This Order
has been passed notwithstanding the categoric pronouncement made by the
Division Bench in W.A.No. 1009/2022 and connected cases and in W.A.No.
1322/2023 and connected cases, wherein it was categorically held that the
Operators can only aspire for such vacancies that arose after 30.1.2023 on which
date, the Technical Service Rules had come into effect. Furthermore, the
Technical Service Rules would only be prospective in nature unless otherwise
stipulated therein. By issuing the impugned order, the Government has given
retrospective operation to the Special Rules, which course could not have been
adopted.
14. In N.T. Devin Katti and Ors. v. Karnataka Public Service
Commission [(1990) 3 SCC 157], the Apex Court had occasion to hold as
follows:
It is well accepted principle of construction that a statutory rule or
Government Order is prospective in nature unless it is expressly or by
necessary implication made to have retrospective effect. Where
proceedings are initiated for selection by issuing advertisement, the
selection should normally be regulated by the then existing rules and
Government Orders and any amendment of the rules or the Government
Order pending the selection should not affect the validity of the selection
made by the Selecting Authority or the Public Service Commission unless
the amended Rules or the amended Government Orders issued in exercise
of its statutory power either by express provision or by necessary
intendment indicate that amended Rules shall be applicable to the pending
selections. See P. Mahendran v. State of Karnataka [1990 (1) SCC 411].
There is nothing to show that the intent of the Government was to make
the Kerala Water Authority Technical Service Rules, 2023 retrospective in nature.
15. In Mohanan v. Director of Homeopathy2, a Full Bench of this
Court had occasion to resolve an issue with regard to appointment to the post of
Pharmacist Grade -II in the Department of Homeopathy. After inviting
application for selection, the Government issued the Special Rules for the
Homeopathy Subordinate Service Rules, 1999 in supersession of all existing rules
and orders and by changing the previously existing minimum qualification
prescribed for appointment to the said post. A dispute arose as to whether after
the amendment to the rules, vacancies could be filled up from the list published
by the PSC, which was prepared based on the pre-revised qualifications. While
deciding the issue, the Full Bench, after scanning the precedents on the subject,
had held as follows in paragraph No. 21 and 22 of the judgment, which reads as
under:
21. It is worth noting that these decisions recognise a right in
those persons who have applied pursuant to the selection process
initiated prior to the date of coming into force of the Special Rules, for
being considered for selection in accordance with the rules in force at
that time. By the same coin, an equally enforceable right has to be
recognised in those persons who possess the new / amended
qualifications as per the Special Rules to get recruitments made in
[2006 (3) KLT 641]
accordance with the new / amended rules, in which they also can
compete to the vacancies which have arisen subsequent to the coming
into force of the new / amended rules. Apart from consistency in
applying law, failure to concede such right would amount to violation of
the fundamental rights of those who have the new / amended
qualifications, under Art.14 and 16 of the Constitution of India. In other
words, both the rights should mutually coexist and in that view also our
conclusion is perfectly in accord with the constitutional principles which
cannot be negated to both sets of people.
22. In fact, we feel that it is the only reasonable conclusion
possible, since, otherwise, the very purpose of amendment would be
defeated. When the position that the Government is empowered to
amend recruitment rules even retrospectively is unquestionable, it
cannot also be forgotten that after the amended rules have come into
force if appointments are allowed to be made from the list prepared in
accordance with the unamended rules, notwithstanding the amendment,
that would amount to postponing of the date of commencement of the
amended rule itself, which no authority other than the Government can
do. Therefore, we have no doubt in our mind that once an amendment
regarding qualifications and method of appointment etc., in respect of a
particular post comes into force, any vacancy which arises subsequent to
the commencement of the amended rules can be filled up only in
accordance with the amended rules notwithstanding the currency of any
rank list published by the P.S.C., selection of which was initiated prior to
the amendment of the rules.
16. If the law were to be succinctly stated, those persons who applied
pursuant to the selection process initiated prior to the date of coming into force of
the Special Rules are eligible for being considered for selection in accordance with
the Rules in force at that time. Those persons who possess the qualifications as
per the Special Rules to get recruitments made in accordance with the new Rules
are entitled to compete for the vacancies which have arisen subsequent to the
coming into force of the new Rules. Once a new Rule is brought into force or an
amendment is brought in regarding qualifications and method of appointment etc.,
in respect of a particular post, any vacancy which arises subsequent to the
commencement of the new/amended Rules can be filled up only in accordance
with the new/amended Rules notwithstanding the currency of any rank list
published by the P.S.C., selection of which was initiated prior to the amendment of
the Rules.
17. In P. Mohanan Pillai v. State of Kerala & Ors., [AIR 2007 SC
2840], the Apex Court has held as under :
"It is now well-settled that ordinarily rules which were prevailing at the
time, when the vacancies arose would be adhered to. The qualification
must be fixed at that time. The eligibility criteria as also the procedures
as was prevailing on the date of vacancy should ordinarily be followed."
18. In Umesh Chandra Shukla v. Union of India & Ors., [AIR 1985
SC 1351] it has been held that there was no "inherent jurisdiction" of the
Selection Committee/Authority to lay down such norms for selection in addition
to the procedure prescribed by the Rules. Selection is to be made giving strict
adherence to the statutory provisions and if such power i.e. "inherent
jurisdiction" is claimed, it has to be explicit and cannot be read by necessary
implication for the obvious reason that such deviation from the Rules is likely to
cause irreparable and irreversible harm.
19. In State of H.P. v. Raj Kumar, [(2023) 3 SCC 773], it was held by
the Apex Court that a candidate has a right to be considered in the light of the
existing rules, which implies the "rule in force" as on the date consideration takes
place..
20. In the instant case, as the notification was issued on 4.5.2022 and
the Rules that were in force for recruitment were the Special Rules of the Kerala
Public Health Engineering Subordinate Service Rules. As per the Rules,
Operators/Surveyor Gr. I is not a feeder category post to the post of Assistant
Engineer in the in-service quota. The Technical Service Rules which came into
effect on 30.1.2023 being prospective, there was no justification on the part of
the Government in issuing G.O. (Rt) No. 759/2023/WRD. dated 24.8.2023
granting an exemption to the petitioners in W.P.(C) No. 30646/2023. The
Operators cannot aspire to be considered for candidature in any selection
process conducted prior to 30.1.2023. This position was reiterated by the
Division Bench of this Court in K.P.S.C. v. Rexin and Ors. [Neutral Citation
No.2022:KER:44575] by holding as under:
8. It is not in dispute that as per the notification issued by the
PSC, the writ petitioners are not qualified to apply for the post of Assistant
Engineer. It is also not in dispute that the draft rules which are pending
finalization, could not be finalised or brought into force. The prayers
sought in almost all the writ petitions are to direct the respondents to
finalise the rules, and also for keeping selection process in abeyance till
then and also for directing the respondents to issue addendum notification
in the nature of executive orders to vary the qualifications to make them
also eligible to apply for the post in question. In as much as the extant
rules are not replaced so far by the proposal and draft Special Rules, the
appellant PSC could not have issued a notification including any other
qualification other than what is prescribed in the existing rules. This is more
so when the Kerala Water Authority also did not take any conscious
decision to fill up the existing vacancies other than in accordance with the
extant rules. The present selection on the basis of existing Special Rules
cannot be allowed to be stalled on the basis of the draft Special Rules
which are yet to come into force. The interim order in these cases goes
against the qualifications prescribed in the notification and has the effect of
permitting ineligible candidates to appear for the selection process, which
we feel cannot be done.
9. The learned counsel for the KWA also submitted before us that it
intends to go ahead with the present selection on the basis of existing rules
and not the draft Special Rules. The learned Government Pleader also
submits that the draft Special Rules can be finalised only after due
deliberations. It is trite that, if a particular qualification is prescribed, there
cannot be any justification for allowing a selection to proceed on
disregarding the qualifications prescribed therein. Since it is not disputed
that the petitioners are not qualified as per the qualifications now issued,
we find that the interim orders now passed cannot be sustained. May be
the learned single Judge was inclined to protect the interest of the
petitioner in the likely event of an imminent finalisation of the draft rules.
We feel however that, even in those circumstances, the interest of the
petitioners could have been safeguarded only in subsequent selection
process and not in a selection process that had already commenced and
was well underway. That however is a matter that can be considered along
with the main relief sought in the writ petition namely, for a direction to
finalise the Special Rules within a time limit.
21. Later, another Division Bench of this Court in Rexin P.S. and Ors.
v. State of Kerala and Ors. [Neutral Citation No. 2023:KER:53817] had
occasion to hold as follows:
1. The appellants who are the petitioners in the writ petition are
found not eligible in accordance with the notification issued on 04.05.2022
by the Public Service Commission for the recruitment to the post of
Assistant Engineer in the Kerala Water Authority as departmental candidate.
The Rule that was in force for recruitment was Special Rules of Kerala
Public Health Engineering Subordinate Service Rules.
2. The petitioners now claim to be eligible in accordance with Kerala
Water Authority Technical Service Rules that came into force with effect
from 30.01.2023 admittedly subsequent to the notification of the Public
Service Commission. Therefore, the petitioners can only aspire for such
vacancies based on new Rules in accordance with any notification to be
issued by the PSC. In such circumstances, we are of the view that the
petitioners are at liberty to claim for any vacancies covered by the new
Rules in appropriate time.
22. In view of the discussion above, I hold that the petitioners in W.P.(C)
No. 30646/2023 and W.P.(C) No. 30215/2023 are not entitled to aspire for
recruitment to the post of Assistant Engineer in Kerala Water Authority in
Category No. 138/2022 under the Departmental Candidates Quota. The
Government Order permitting them to be considered under the by-transfer
category cannot be sustained under law. I hold that only those employees in the
KWA, who are eligible in accordance with Ext.P3 notification are alone entitled to
get an appointment to the post of Assistant Engineer in the Departmental quota.
23. Resultantly, these writ petitions are ordered as under
a) W.P.(C) No. 30646/2023 and W.P.(C) No. 30215/2023 are dismissed.
b) W.P.(C) No. 34313/2023 stands allowed. G.O. (Rt) No.
759/2023/WRD. Dated 24.8.2023 (produced as Ext.P9) is quashed.
There will be a direction to the 3rd respondent to advise the
petitioners in W.P.(C) No. 34313/2023 to the post of Assistant
Engineer in terms of Ext.P4 ranked list, and there will be a further
direction to the 2nd respondent to appoint the petitioners as
Assistant Engineers in the Kerala Water Authority.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
PS/13/12/2023
APPENDIX OF WP(C) 30646/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GAZETTE NOTIFICATION DATED
04.05.2022 ISSUED BY THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 16.08.2022 IN
W.A.NO.1009/2022 PASSED BY THIS HON'BLE COURT
Exhibit P3 A TRUE COPY OF THE INTERIM ORDER DATED
14.10.2022 IN W.P(C)NO.1860/2021 AND CONNECTED
CASES
Exhibit P4 A TRUE COPY OF G.O(RT)NO.990/2022/WRDD DATED
7.11.2022
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 23.12.2022 IN
W.P(C)NO.36809/2022 AND CONNECTED CASES PASSED
BY THIS HON'BLE COURT
Exhibit P6 A TRUE COPY OF G.O(RT)NO.266/2023/WRD DATED
13.03.2023
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER DATED
15.03.2023 IN COC NO.317/2023 PASSED BY THIS
HON'BLE COURT
Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED
03.08.2023 IN COC NO.317/2023
Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 05.07.2023 IN
W.P(C)NO.1860/2021 AND CONNECTED CASES
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 24.08.2023 IN
W.A.NO.1322/2023 PASSED BY THE DIVISION BENCH
OF THIS HON'BLE COURT
Exhibit P11 A TRUE COPY OF G.O(RT)NO.759/2023/WRD DATED
24.08.2023
Exhibit P12 A TRUE COPY OF THE SHORT LIST NO.47/2023/ER XIV
(CATEGORY NO.138/2022) DATED 22.03.2023 FOR THE
POST OF ASSISTANT ENGINEER IN KWA (FROM
DEPARTMENTAL CANDIDATES ONLY) PUBLISHED BY PSC
Exhibit P13 A TRUE COPY OF THE RANKED LIST NO.793/2023/SS
VI (CATEGORY NO.137/2022) FOR THE POST OF
ASSISTANT ENGINEER IN KWA PUBLISHED BY THE KPSC
DATED 16.09.2023
Exhibit P14 A TRUE COPY OF THE RANKED LIST NO.794/2023/SS
VI (CATEGORY NO.138/2022) DATED 17.09.2023
PUBLISHED BY THE PSC
EXHIBIT P15 A TRUE COPY OF THE STATEMENT SHOWING THE MARKS
OF THE 1ST PETITIONER IN THE COMMON EXAMINATION
HELD ON 29.12.2022 DOWNLOADED FROM THE KPSC
WEBSITE
EXHIBIT P16 A TRUE COPY OF THE B.TECH DEGREE CERTIFICATE
AWARDED BY THE KANNUR UNIVERSITY TO THE 1ST
PETITIONER DATED 19.01.2015
EXHIBIT P17 A TRUE COPY OF THE B.TECH DEGREE CERTIFICATE
AWARDED BY THE M.G.UNIVERSITY TO THE 2ND
PETITIONER DATED 24.08.2011
EXHIBIT P18 A TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE
PETITIONERS IN CONT. CASE(CIVIL) NO.317/2023
BEFORE THIS HON'BLE COURT
EXHIBIT P19 A TRUE COPY OF THE JUDGMENT DATED 24.10.2006 IN
W.P(C)NO.1757/2007 OF THIS HONOURABLE COURT
EXHIBIT P20 A TRUE COPY OF THE JUDGMENT DATED 15.12.2008 IN
W.A.NO.2266/2008 OF THIS HONOURABLE COURT
RESPONDENT EXHIBITS
EXHIBIT R10(a) TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA
PUBLIC HEALTH ENGINEERING SUBORDINATE SERVICE
SPECIAL RULES, 1966.
EXHIBIT R10(b) TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA
PUBLIC HEALTH ENGINEERING SERVICE SPECIAL
RULES, 1960.
EXHIBIT R10(c) TRUE COPY OF THE NOTIFICATION (CATEGORY NO.
138/2022) DATED 04.05.2022 ISSUED BY THE PUBLIC
SERVICE COMMISSION.
EXHIBIT R10(d) EXT.P4 RANKED LIST PUBLISHED BY THE KERALA
PUBLIC SERVICE COMMISSION UNDER CATEGORY NO.
138/2022 WITH EFFECT FROM 16.09.2023.
EXHIBIT R10(e) TRUE COPY OF THE RELEVANT EXTRACT OF THE
SPECIAL RULES PUBLISHED IN THE KERALA
EXTRAORDINARY GAZETTE DATED 30.01.2023.
EXHIBIT R10(f) TRUE COPY OF THE JUDGMENT DATED 16.08.2022 IN
W.A. NO. 1009/2022 OF THIS HON'BLE COURT.
EXHIBIT R10(g) TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT.) NO.
990/2022/WRD DATED 07.11.2022.
EXHIBIT R10(h) TRUE COPY OF THE JUDGMENT DATED 05.07.2023 IN
W.P.(C) NO. 4614/2023 OF THIS HON'BLE COURT.
EXHIBIT R10(i) TRUE COPY OF THE JUDGMENT DATED 24.08.2023 IN
W.A. NO. 1322/2023 OF THIS HON'BLE COURT.
EXHIBIT R10(j) TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT.) NO.
759/2023/WRD DATED 24.08.2023.
APPENDIX OF WP(C) 30215/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 23-12-2022 IN
W.P. (C) 36752 OF 2022 AND CONNECTED CASE
Exhibit P2 TRUE COPY OF THE NOTIFICATION BEARING G.O(P)
NO. 1/2023/WRD DATED 27-1-2023 WITH THE
RELEVANT PAGES OF THE KERALA WATER AUTHORITY
TECHNICAL SERVICE RULES, 2023
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 3-8-2023
IN CONTEMPT CASE (C)317 OF 2023
Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
G.O.(RT)NO.759/2023/WRD DATED 24-8-2023
Exhibit P5 TRUE COPY OF THE ADDITIONAL INTERVIEW
PROGRAMME FOR THE MONTH SEPTEMBER 2023 ISSUED
BY KERALA PUBLIC SERVICE COMMISSION DATED
22-8-2023
Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
GO (RT) NO 536/08/WRD DATED 28-5-2008
Exhibit P7 TRUE COPY OF THE ADDENDUM NOTIFICATION NO.
142/08/SS V DATED 20-1-2009 ISSUED BY THE
KERALA PUBLIC SERVICE COMMISSION
Exhibit P8 TRUE COPY OF THE ADMISSION TICKET OF 1ST
PETITIONER TO CATEGORY 137/2022
Exhibit P9 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 2ND PETITIONER TO CATEGORY 137/2022
Exhibit P10 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 3RD PETITIONER TO CATEGORY 137/2022
Exhibit P11 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 4TH PETITIONER TO CATEGORY 137/2022
Exhibit P12 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 5TH PETITIONER TO CATEGORY 137/2022
Exhibit P13 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 6TH PETITIONER TO CATEGORY 137/2022
Exhibit P14 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 7TH PETITIONER TO CATEGORY 137/2022
Exhibit P15 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 8TH PETITIONER TO CATEGORY 137/2022
Exhibit P16 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 9TH PETITIONER TO CATEGORY 137/2022
Exhibit P17 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 10TH PETITIONER TO CATEGORY
Exhibit P18 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE
WEBSITE OF KPSC SHOWING ADMISSION TICKET OF
11TH PETITIONER
Exhibit P19 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 12TH PETITIONER TO CATEGORY
Exhibit P20 TRUE COPY OF THE G.O.(RT)NO.266/2023/WRD
DATED 13-03-2023
Exhibit P21 TRUE COPY OF THE INTERIM ORDER DATED 7-6-2022
IN W.P.(C)NO.1860 OF 2021 AND CONNECTED CASES
Exhibit P22 TRUE COPY OF THE JUDGMENT DATED 16-8-2022 IN
W.A 1009 OF 2022 AND CONNECTED CASES
Exhibit P23
TRUE COPY OF THE NOTIFICATION NO.138/2022
DATED 4-5-2022 PUBLISHED BY THE PSC
Exhibit P24 TRUE COPY OF THE REPORT FORWARDED BY THE 2ND
RESPONDENT TO THE 1ST RESPONDENT DATED
28-5-2022
Exhibit P25 TRUE COPY OF THE RANKED LIST BEARING NO. :
794/2023/SS VI FOR THE POST OF ASSISTANT
ENGINEER DATED NIL
Exhibit P26 TRUE COPY OF THE INTERIM ORDER DATED
18-9-2023 IN W.P C NO. 30646 OF 2023
Exhibit P27 TRUE COPY OF THE JUDGMENT DATED 13-9-2023 IN
CON.CASE(C) NO.2030 OF 2023 & 2032 OF 2023
Exhibit P28 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE
WEBSITE OF KPSC SHOWING MARKS OF 10TH
PETITIONER
Exhibit P29 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE
WEBSITE OF KPSC SHOWING MARKS OF 9TH
PETITIONER
Exhibit P30 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE
WEBSITE OF KPSC SHOWING MARKS OF 6TH
PETITIONER
Exhibit P31 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE
WEBSITE OF KPSC SHOWING MARKS OF 11TH
PETITIONER
Exhibit P32 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE
WEBSITE OF KPSC SHOWING MARKS OF 3RD
PETITIONER
Exhibit P33 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE
WEBSITE OF KPSC SHOWING MARKS OF 7TH
PETITIONER
Exhibit P34 TRUE COPY OF THE GOVERNMENT ORDER DATED
24-10-2014
Exhibit P35 TRUE COPY OF THE JUDGMENT DATED 5.7.2023 IN
WP C 30716 OF 2019 & CONNECTED CASES
Exhibit P36 TRUE COPY OF THE JUDGMENT DATED 24.8.2023 IN
WA 1322 OF 2023
Exhibit P37 TRUE COPY OF THE APPOINTMENT CHART PREPARED
BY 3RD RESPONDENT DATED NIL
APPENDIX OF WP(C) 34313/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE
KERALA PUBLIC HEALTH ENGINEERING SUBORDINATE
SERVICE SPECIAL RULES, 1966.
EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
KERALA PUBLIC HEALTH ENGINEERING SERVICE
SPECIAL RULES, 1960.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION (CATEGORY NO.
138/2022) DATED 04.05.2022 ISSUED BY THE
PUBLIC SERVICE COMMISSION
EXHIBIT P4 TRUE COPY OF THE RANKED LIST PUBLISHED BY THE
KERALA PUBLIC SERVICE COMMISSION UNDER
EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE
SPECIAL RULES PUBLISHED IN THE KERALA EXTRA
ORDINARY GAZETTE DATED 30.01.2023.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 16.08.2022 IN
W.A. NO. 1009/2022 OF THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 05.07.2023 IN
W.P.(C) NO. 4614/2023 OF THIS HON'BLE COURT.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 24.08.2023 IN
W.A. NO. 1322/2023 OF THIS HON'BLE COURT.
EXHIBIT P9 TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT.)
NO. 759/2023/WRD DATED 24.08.2023.
