IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 6198 of 2004(K) --------------------------------------- PETITIONER(S): ------------------------ M.P.ANTHRAYOS, CONDUCTOR, K.S.R.T.C. KOTTAYAM DEPOT, MADAPPALLIKUNEL HOUSE, KOOROPADA P.O., PAMPADY VIA., KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 & 2 SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6198/2004 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE KERALA PUBLIC SERVICE COMMISSION (CONSULTATION BY KERALA STATE ROAD TRANSPORT CORPORATION) RULES 1969 PUBLISHED IN THE KERALA GAZETTE EXTRA ORDINARY NO.9 DTD. 1/1/70. EXT.P2: COPY OF THE KERALA PUBLIC SERVICE COMMISSION (ADDL.FUNCTIONS AS RESPECTS THE K.S.R.T.C) ACT,1970 PUBLISHED IN THE KERALA GAZETTE EXTRA ORDINARY NO.57 DTD. 9/2/1970. EXT.P3: COPY OF THE NOTIFICATION BEARING NO.3493/GL-2/03/RTC DTD. 1/12/2003 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.6198 OF 2004 --------------------------------------- Dated this the 26th day of November, 2008. J U D G M E N T Petitioner approached this Court when steps were taken by the first respondent for making certain appointments pursuant to Exhibit P3. The posts notified are that of Assistant Transport Officer, Administrative Officer and Depot Engineer. 2. According to the learned standing counsel, appointments are on contract basis. But, it is not stated in Exhibit P3 that such appointments are on contract basis. Apparently on the pretext it is an appointment on contract basis, a regular appointment is sought to be made which is in violation of the Kerala Public Service Commission (Additional Functions as respects the Kerala State Road Transport Corporation) Act, 1970 and Rules thereunder. Any appointment of a regular nature can be made only in terms of the said Act unless of course excluded from the purview of the Act and the Regulations. Therefore, any appointment covered by the Act and Regulations can be made only in consultation with the Public W.P.(C) No.6198/04 2 Service Commission. In that view of the matter, Exhibit P3 as such cannot be pursued. It is quashed. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.6198/04 3 KURIAN JOSEPH, J. W.P.(C) No.6198 OF 2004 J U D G M E N T 26.11.2008