IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 6TH MARCH 2007 / 15TH PHALGUNA 1928 WP(C).No. 18497 of 2004(B) --------------------------------------- PETITIONERS: --------------------- 1. S.RAJENDRA BABU, S/O. N.SREEDHARAN, AGED 37 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT ASWATHY, MASOOR, KUDAVATTOOR P.O., KOLLAM. 2. BINUMON, S/O. BHASKARAN, AGED 30 YEARS, P.S.C EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT NELLIVILA KIZHAKKETHIL VEEDU, KARUVELIL P.O., EZHUKONE, KOLLAM. 3. L.SUDHAKARAN, S/O. LAKSHMANAN, AGED 44 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT THEVARUPOIKA VEEDU, EDAKKIDOM P.O. KOLLAM. 4. SURESH N., S/O. NANU K., AGED 34 YEARS, P.S.C.EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT NEDUNTHARA VADAKKATHIL, AITHOTTUVA, WEST KALLADA P.O., KOLLAM. 5. R.JAYAKRISHNAN, S/O. RADHAKRISHNAN NAIR, AGED 28 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT VELAYUDHAVILASOM, ULACODU, VAKKANADU P.O., KUZHIMATHIKKADU, KOLLAM. 6. SHAJI S., S/O. SOMAN, AGED 30 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT SHAJI MANDIRAM, KARUVELIL P.O., EZHUKONE (VIA), KOLLAM. ...2/- ....2.... WPC.NO.18497/2004 B 7. SHINE S.S., S/O. K.SIVADASAN, AGED 27 YERARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT SABU SADANAM, THALUTHALA, KOTTIYAM P.O., KOLLAM. 8. C.HARIMOHAN, S/O. K.P. CHANDRASENAN PILLAI, AGED 36 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT "KARTHIKA", NJAREKKAL, PERINADU P.O., KOLLAM. 9. U.VINOD, S/O. UNNIKRISHNA PILLAI, AGED 27 YEARS, P.S.C. EMPANELLED COUNDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT LAKSHMI NILAYAM, THEKKECHERI, KANJAVILI P.O., KOLLAM. 10. MANIKANTAN S., S/O.K.SUBBAIYYA ASARI, AGED 32 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT S.G.BHAVAN, KC/1900,CUTCHERRY P.O. KOLLAM. 11. M.RAJENDRAN PILLAI, S/O. MADHAVAN PILLAI AGED 38 YEARS, P.S.C. EMPANELLED CONDUCTORS, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTARAKKARA AND RESIDING AT PULIKKAL, KIZHAKKEKKARA, KUDAVATTOOR P.O., ODANAVATTOM(VIA), KOLLAM. 12. K.S.JAYAKUMAR, S/O. P.KARUNAKARAN, AGED 27 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHADAYAMANGALAM AND RESIDING AT VIJAYAMANDIRAM, POOVATTOOR WEST, MAVADI P.O., KOLLAM. 13. S.SHIBU, S/O. K.SIVADASAN, AGED 29 YEARS, WORKING AS P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PAZHANAPURAM AND RESIDING AT SABU SADANAM, THAZHUTHALA, KOTTIYAM, KOLLAM. 14. G.PREETHILAL, S/O. N.GOPALAKRISHNAN, AGED 27 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAPURAM AND RESIDING AT PUTHUVASSERIL VEEDU, ELIKKATTUR P.O., PIRAVANTHOOR, PUNALUR, KOLLAM. ...3/- ...3.... WPC.NO.18497/2004 B 15. A.ASHOKAN, S/O. ANEMELAN, AGED 24 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTARAKKARA AND RESIDING AT PAZHAVILA VEEDU, EDAVATTOM, KARUVELIL P.O., KOLLAM. 16. NAUSHAD A., S/O. MOHAMMAD MUSTAFA, AGED 32 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTARAKKARA AND RESIDING AT NAZEEMA MANZIL, NEELESWARAM P.O., NEDUVATHOOR, KOLLAM. 17. SHINY E., D/O. EARNEST M., AGED 27 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT KINARAVILA VEEDU, KUMBALAM, MULAVANA (VIA), KOLLAM. 18. PRASANTH KUMAR P.R., S/O. RAJENDRA KURUP, AGED 29 YEARS, P.S.C. EMPANELLED CONDUCTOR,KERALA STATE ROAD CORPORATION KOLLAM AND RESIDING AT UDAYA BHAVAN, ELAMKULAM, KALLUVATHUKKAL P.O., KOLLAM. 19. CIBI A., S/O. ABDUL KHADER KUNJU, AGED 35 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT CHEMMANUVILA VEEDU, KOTTIYAM P.O., KOLLAM. 20. BIJU S., S/O. N.SASIDHARAN NAIR, AGED 29 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM AND RESIDING AT N.S. BHAVAN, KOIPPADU, CHATHANNOOR P.O., KOLLAM. 21. REGHU R., S/O. RAMAKRISHNA PILLAI, AGED 29 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTARAKKARA AND RESIDING AT NAMBUMADATHIL, POOVATHOOR EAST, KALAYAPURAM P.O., KOLLAM. 22. M.UDAYAKUMAR, S/O. MADHAVAN, AGED 34 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTARAKKARA AND RESIDING AT CHERUPALOTHU VEEDU, EZHUKONE P.O., KOLLAM. ....4/- .....4..... WPC.NO.18497/2004 B 23. S.SATHISH KUMAR, S/O. SADASIVAN NAIR G., AGED 29 YEARS, P.S.C. EMPANELLED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KARUNAGAPPALLY AND RESIDING AT PRASANNA NILAYAM, PADINJATTAKKARA P.O., THEVALAKKARA, KOLLAM. 24. SHEEJITH V.C., S/O. CHANDRAN, AGED 32 YEARS, P.S.C. EMPANELED CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KANNUR AND RESIDING AT KRISHNAM VEEDU, DHARMADOM P.O., KANNUR. 25. SANTHOSH KUMAR, S/O.KONHAN, AGED 32 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. KANNUR AND R/A. AT KONJANANDYVILA HOUSE, PATHAYAKUNNU P.O KANNUR. 26. JOHN BOSCO, S/O.FRANKLIN, AGED 34 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. THIRUVALLA AND R/A. AT PRASAD MANDIRAM, KARALI JUNCTION P.O., SASTHAMKOTTA. 27. REGHUNATHAN PILLAI,S/O.APPUKUTTAN PILLAI AGED 31 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. THIRUVALLA AND R/A.S.S.VIHAR, NETHIYADI, PANMANA, EDAPPALLIKOTTA P.O. KOLLAM. 28. S.BABY, S/O.SANKARAN, AGED 32 YEARS, P.S.C.EMPANELLD CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY. 29. B.HEMACHANDRAN, S/O.S.BHARGAVAN, AGED 42 YEARS, P.S.C. EMPANELLED CONDUCTOR, K.S.R.T.C. EDATHUA AND R/A. VALAVIL HOUSE, CHITTOOR PAMMANA, PAMMANA P.O. KOLLAM. 30. P.R.RAJEEV, S/O.RAMACHANDRA NAIR, AGED 31 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. AND R/A. AT NEMITHARAYIL, KLAPPANA P.O. KOLLAM. 31. SUDHEER BABU, S/O.KAMALASANAN, AGED 31 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY, AND R/A. AT PEEDIKAYIL, KOZHIKKALUMUKKU, S.V.MARKET P.O., KARUNAGAPPALY, KOLLAM. ....5/- ....5.... WPC.NO.18497/2004 B 32. JAYAKUMAR.R. S/O.RAMACHANDRAN, AGED 28 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. THIRUVALLA AND R./A,. MULANTHARAYIL PULIYARVANCHI EAST, THAZHAVA P.O. KARUNAGAPPALLY. 33. SIVAKUMAR.D. S/O.DHARMA RAJAN, AGED32 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. EDATHUA, AND R/A. AT MANNEL, KOLLAKKAPURA, KLAPPANA, KOLLAM. 34. AJEER, S/O.BASHEER, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY AND R/A. AT ANEESH MANZIL, MEDUMPURAM WEST, NEDUNGOLAM P.O. KOLLAM. 35. SREEKUMAR, S/O.P.K.THANKAPPAN, AGED 32 YEARS, P.S.C. EMPANNELLED CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY AND R/A. PADIPPURAKKAL, THEKKETHIL, KADAPPA, MYNAGAPPALLYP.O. KOLLAM. 36. VISOL, S/O.KANAKARAJAN, AGED 28 YEARS, P.S.C.EMPANELLED, CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLYAND R/A.PUTHENPURAYIL PADA NORTH, KARUNAGAPPALLY. 37. BIJU.G. S/O.GOPINATHAN, AGED 28 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY AND R/A. PEEDIKA VADAKKATHIL, PANMANA, CHAVARA P.O. KOLLAM. 38. S.SANTHOSH KUMAR, S/O.SADANANDAN, AGED 27 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY, AND R/A. PALATHUNDIL THEKKETHIL, KIDANGAYAM VADAKKU, PATHARAM P.O. KOLLAM. 39. K.ANIL KUMAR, S/O.KARUNAKARAN, AGED 31YEARS, P.S.C. EMPNALLED CONDUCTOR, K.S.R.T.C. EDATHUA AND R/A. KOCHUVEETTIL, KLAPPANA P.O. KOLLAM. 40. BINU.S.KUMAR, S/O.SUKESHAN, AGED34 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY AND R/A. VIDHU BHAVAN, KLAPPANA P.O. KOLLAM. OACHIRA. ......6/- ....6..... WPC.NO.18497/2004 B 41. VIDHU.C.V. S/O.CHELLAPPAN, AGED 31 YEARS, P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY AND R/A. THOPPIL PUTHEN VEEDU, ARIMALLOOR P.O. KOLLAM. 42. ABDUL SALIM.H, S/O.HAMEED KUTTY.M. P.S.C.EMPANELLED CONDUCTOR, K.S.R.T.C. KARUNAGAPPALLY AND R.A. THUNDIL KIZHAKKATHIL VEEDU PULIYOOR VANCH SOUTH, EDAKKULANGARA P.O. KARUNAGAPPALLY. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, EAST FORT, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O. THIRUVANANTHAPURAM. REP. BY ITS SECRETARY. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C for R1 SRI.P.C.SASIDHARAN, SC, KPSC for R2 BY SR.GOVT.PELADER SMT. M. LALITHA NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2007 ALONG WITH WPC NO. 28368 OF 2004 AND CONNECTED CASES, THE COURT ON 6/03/2007 DELIVERED THE FOLLOWING: WPC.NO.18497/2004 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NOTIFICATION – CATEGORY NO.195/1997 DTD. 25/11/1997 IN THE KERALA GAZETTE ISSUED BY THE SECOND RESPONDENT. EXT.P2; COPY OF JUDGMENT DTD. 25/07/2003 IN O.P.NO.36464/2002N PASSED BY THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P3: COPY OF INTERIM ORDER DTD. 21/11/2003 IN W.A.NO. 1860/2003 IN O.P.NO.36464/2002 N. EXT.P4: COPY OF COMPUTERISED DAILY COLLECTION STATEMENT FOR 13/08/2004 (FRIDAY) ISSUED BY THE K.S.R.T.CORPORATION. EXT.P5: COPY OF STATEMENT OF SUMMARY OF THE STRENGTH OF THE K.S.R.T.CORPORATION. EXT.P6: COPY OF JUDGMENT DTD. 28/12/2004 IN W.A.NO.2304/2004 PASSED BY THE HON'BLE HIGH COURT OF KERALA. EXT.P7; COPY OF MEMORANDUM NO.PL 10-027430/04 DTD.01/11/2004 ISSUED BY THE FIRST RESPONDENT. EXT.P8: COPY OF MEMORANDUM NO.PL10-027430/04 DTD. 14/12/2004 ISSUED BY THE FIRST RESPONDENT TO THE UNIT OFFICERS. EXT.P9: COPY OF DAILY COLLECTION STATEMENT FOR 31/12/2004 (FRIDAY). EXT.P10: COPY OF STATEMENT GIVING CATEGORYWISE STRENGTH AS ON 01/01/2005 IN THE KERALA STATE ROAD TRANSPORT CORPORATION RELEASED BY THE COMPUTER SECTION. EXT.P11: COPY OF DAILY COLLECTION STATEMENT FOR 01/01/2005 SATURDAY. ...2/- ...2..... WPC.NO.18497/2004 B EXT.P12: COPY OF THE LETTER NO.P10/15/2006 DTD. 12/07/2006 ISSUED BY THE PUBLIC INFORMATION OFFICER, O/o. CHAIRMAN AND MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, TRIVANDRUM. EXT.P13: COPY OF THE LETTER NO.P10/4/2006 DTD. 3/06/2006 ISSUED BY PUBLIC INFORMATION OFFICER, KSRTC FOR CHAIRMAN AND MANAGING DIRECTOR TO BINDHU V.PAI, CHERTHALA. RESPONDENT'S ANNEXURE: ANNEXURE R1: COPY OF THE DETAILS OF AVERAGE NUMBER OF EMPANELLED CONDUCTORS ENGAGED FROM THE LIST OF KERALA PUBLIC SERVICE COMMISSION AND THE EMPANELLED CONDUCTORS FROM OUTSIDE, FURNISHED FROM THE OFFICE OF THE MANAGING DIRECTOR KSRTC TO THE STANDING COUNSEL FOR KSRTC ALONG WITH THE COVERING LETTER DTD. 25/06/2005. ANNEXURE R1(A): COPY OF THE LIST OF PERMANENT CONDUCTORS AS ON 31/12/04. /TRUE COPY/ KSS K. M. JOSEPH, J. ------------------------------------------------- W.P.C NOS. 18497/04B, 28368/04B, 28746/04V, 33329/04P, 37348/04U, 37557/04U, 23545/05C & 26022/05W ------------------------------------------------- Dated this the 6th March, 2007 JUDGMENT The question that falls for decision in this batch of Writ Petitions relates to the number of vacancies that existed in the cadre of Reserve Conductor as on 31.12.2004. The Public Service Commission (hereinafter referred to as the Commission) prepared a list consisting of 14000 candidates and published it on 18.9.2001 for appointment to the post of Reserve Conductors. It is the admitted case of the parties that the said list expired on 31.12.2004. By an interim order, this Court directed the Kerala State Road Transport Corporation (hereinafter referred to as the Corporation) to report 2564 vacancies with the rider that no advice need be made by the Commission. It would appear, however, that the Corporation WPC 18497/04 & CONN. CASES 2 has in fact reported only 2112 vacancies. 2. I heard learned counsel for the parties. Petitioners have filed Affidavits. They also relied on number of documents. Many are said to be computer generated documents showing the Schedules, number of Conductors, Daily Collection Statement, etc. They have also produced orders under the Freedom of Information Act. Case of the Corporation is that in fact all the vacancies have been reported. A Counter Affidavit has been filed by the Corporation, dated 20.10.2004. This is followed by an Additional Counter Affidavit dated 7.12.2004, Statement dated 27.12.2004, another Statement dated 28.6.2005, Affidavit filed by the Executive Director dated 21.7.2005, Additional Counter Affidavit dated 22.8.2005, Statement dated 2.3.2006 and the Affidavits of the Executive Director dated 18.7.2006, 20.11.2006 and 18.12.2006. 3. I shall refer to the pleadings in gist of the Corporation in the aforesaid Affidavits and Statements. In the original WPC 18497/04 & CONN. CASES 3 Counter Affidavit dated 20.10.2004, it is stated, inter alia, as follows: The rank list was published on 19.9.2001. On the basis of the requisition of the Corporation for 2178 vacancies, the Commission made advice. The candidates were appointed. Thereafter, 835 NJD vacancies were reported. The Public Service Commission furnished advice list of 835 vacancies. Again, 307 vacancies were reported as NJD vacancies and the Commission made advice to 307 vacancies. The Corporation made appointments. In fact there were uneconomic services which were stopped. On 28.5.2004, the Corporation reported 168 NJD vacancies, followed by 851 fresh vacancies on 15.6.2004, making a total of 1019 vacancies. The Commission advised and the Corporation appointed. On 30.9.2004, the Corporation reported 719 fresh vacancies. It is pointed out that empanelled Conductors are indispensable as the Conductors take leave. There are festival seasons and the services of empanelled WPC 18497/04 & CONN. CASES 4 Conductors are needed. Pursuant to the Judgment in OP No.37878/01, 5000 candidates were advised on empanelled basis. But, only nearly 2000 were reported. There was a further PSC list for empanelled Conductors consisting of 3000 persons. It is stated that 8000 have been appointed as empanelled Conductors in place of the old empanelled Conductors. 4. In the Counter Affidavit dated 7.12.2004, the case set up is as follows: 1) Average number of buses for the 3700 last 3 months. 2) Number of Conductors required at 2.75 per bus. 10175 3) Conductors available. 9553 4) Short 622 5) Retirement vacancies as on 31.12.2004. 18. It is stated that the shortage is 640. It is also urged that the All India average is 2.35. In Karnataka it is 1.85 Conductors per WPC 18497/04 & CONN. CASES 5 bus. In Andhra Pradesh, number of Conductors per bus is shown as 2.01. In Utter Pradesh, it is shown as 2.13. In future, the Corporation projects the ratio to be pegged at 2.50. Also, it is pointed out that fixing of schedules may be unscientific. If the schedule is less than 7 hours, one will suffice, while if it is more than 7, more would be required. It is also pointed out that as per the Norms, buses which are ten years or more old or have run ten lakhs kilometres, have to be scrapped. It is pointed out that as on 7.12.2004, Corporation has 598 such buses. 5. In the Statement dated 27.12.2004, among other things, it is stated that at present there are 9553 permanent Conductors. Corporation reported 992 vacancies of which 640 were reported on 4.12.2004 and 352 subsequently. It is stated that with the advice of 992 candidates, there will be 10527 Conductors. 6. In the Statement dated 28.6.2005 filed by first respondent, Ext.R1 is produced which gives the details of the average number of PSC empanelled Conductors and Employment Exchange hands. PSC empanelled Conductors are WPC 18497/04 & CONN. CASES 6 shown as 1558 while the empanelled hands from outside are shown as 2165. Thereafter, it is pointed out that substantive vacancies are 699 from new 254 services launched, 175 from promotion vacancies, 25 from retirement vacancies and 700 NJD vacancies making a total of 1599. 7. On the basis of the interim order dated 15.7.2005, the Executive Director has filed an Affidavit on 21.7.2005. Therein, it is, inter alia, stated as follows: There were 9553 permanent Conductors on 4.12.2004. It consisted of two categories: (1) permanent and (2) provisional Conductors appointed on PSC advice against permanent vacancies and they were eligible for absorption as permanent Conductors. The said 9553 Conductors do not include any daily waged Conductors from empanelled or any other person other than PSC recruits and persons appointed on dying-in-harness scheme. Likewise, it is stated that there are 1558 empanelled Conductors from the unadvised PSC list, since February, 2004. Further, it is stated that there are 2165 Conductors. They in turn WPC 18497/04 & CONN. CASES 7 are made up of two categories: 1317 were engaged from the general public since 1992, of and on, according to availability of vacancies. The balance 848 out of the 2165 empanelled Conductors are drawn from Employment Exchange hands, it is stated. They were appointed during 1999 - 2000 subject to availability of vacancies. 8. In the Additional Counter Affidavit dated 22.8.2005, it is pointed out that the substantive vacancies in the Statement dated 28.6.2005 were as on 1.6.2005. It is pointed out that even according to petitioners' case, there are 9741 permanent Conductors which are in excess of 9553 by 153. It is stated that the direction in Writ Petition No.37878/01 is not violated. It is contended that in Writ Petition No.16505/05, the Court directed to engage the panelists as provisional Conductors from the expired list of the Commission and it is complied with. It is pointed out that sufficient candidates did not join and, therefore, Corporation was compelled to engage empaneled Conductors from outside, which is not against substantive vacancies. There WPC 18497/04 & CONN. CASES 8 is urgency, it is pointed out, and it is necessary to avoid cancellation of services. It is pointed out that 3673 are the average daily operations during 2004 which are rounded of to 3700. There is provision for 128 new buses. It is pointed out that the schedule for each day will vary. The date 1.1.2005 is not relevant, it is pointed out. It is stated that number of buses operated on 31.12.2004 is 3690. Number of buses operated on 1.1.2005 is stated as 3754. 9. In the Statement dated 2.3.2006, the earlier figures, namely, there being 3700 schedules and shortage of 640 are referred to. It is also pointed out that in fact, 640 vacancies were reported inclusive of 364 NJD vacancies, besides 352 vacancies. Hence, as on 31.12.2004, there were only 700 NJD vacancies, it is stated. 10. In the Affidavit dated 18.7.2006 filed by the Executive Director pursuant to the interim order of this Court, the split up details of permanent Conductors, namely 9553 is given as (1) 7011 permanent Conductors and (2) 2542 WPC 18497/04 & CONN. CASES 9 provisional Conductors. The so called provisional Conductors who are stated to have been later appointed on completion of 240 days, are now working as permanent Conductors, it is stated. With reference to Annexure VI produced along with the Statement filed by counsel for petitioner in Writ Petition No.28746/04 dated 26.7.2006, it is contended that the schedule position of the Corporation as on 1.1.2005 is 3969. On the strength of the same, it is pointed out that for maintaining 2.75 Conductors per schedule, there must be 10915 Conductors and, therefore, there is a deficiency of 1362 i.e. 10915 - 9553. 11. Learned counsel for the petitioners would submit that even without referring to the pleadings and documents, the number of vacancies can be ascertained. The reasoning is as follows: On the basis of Annexure VI, as already pointed out, the total number of Conductors would be 10915. It is pointed out that there would be deficiency of 1362 Conductors as on 31.12.2004, even proceeding on the basis that there are 9553 WPC 18497/04 & CONN. CASES 10 permanent Conductors as on 31.12.2004. They referred to the Counter Affidavit filed by the Public Service Commission. Therein at Sl. No.6, the total number of vacancies reported are shown as 851 + 168 NJD vacancies. They were shown as advised on 7.8.2004. In the Counter Affidavit filed by the Corporation dated 20.10.2004, there is a statement which reads as follows: “All the Public Service Commission empanelled Conductors appointed upto 5.10.2004 are absorbed as Reserve Conductors in regular service.” They contended that going by the Affidavit filed by the Executive Director, it is stated that 2542 provisional Conductors were available as on 31.12.2004. The Commission in the Counter Affidavit has stated that 719 fresh vacancies were reported on 30.9.2004. Annexure IX produced along with the Statement dated 24.8.2006 is an order of appointment which is seen dated 4.1.2005. It is, therefore, contended that they were all appointed after 31.12.2004. Same is the position in respect WPC 18497/04 & CONN. CASES 11 of 276 fresh vacancies and 364 NJD vacancies which were reported on 4.12.2004. It is pointed out that the Commission advised candidates only on 31.3.2005. On 15.12.2004, 352 fresh vacancies are shown as reported in the Counter Affidavit filed by the Commission. In regard to the said vacancies, PSC advice was made only on 31.3.2005. Thus, it is contended that 1711 candidates were advised by the Commission only after 31.12.2004 and they could be appointed only after 31.12.2004. It is also contended that going by sl. No.6 in the Counter Affidavit of the Commission, there were 851 fresh + 168 NJD vacancies. It was equal to 1019. Of the same, 364 did not join and these 364 are shown as NJD vacancies at Sl. No.8 of the Counter Affidavit filed by the Commission. Therefore, 364 has to be deducted from 1019, it is contended. Counsel relied on the Additional Counter Affidavit dated 7.12.2004 to show that 364 were NJD vacancies which arose from 1019 vacancies advised as aforesaid. Therefore, they would submit that even if 1711 vacancies are reduced from 2542 which is the figure relied on by WPC 18497/04 & CONN. CASES 12 the Corporation as the Provisional Conductors who were absorbed, there would be shortage of 841 Conductors. Thus, adding 1362 Conductors as already referred to, to 841, there would be 2203 vacancies which could be directed to be advised from the vacancies already reported as per the order of this Court. If support is drawn from the argument that 364 vacancies were non joining vacancies arising out of 1019, as already referred to, there would be 1887 vacancies and adding 1362 which is a common figure to both calculations, there would be 3249 vacancies, it is contended. It is also pointed out by the counsel that this is a case where the true position can be ascertained, if this Court directs the Corporation to disengage the empanelled Conductors, 2168 in number who are working for a long period of time without the sanction of law and what is more, contrary to the decision of this Court in Kerala Public Service Commission Reserve Conductors Rank Holders Association and Others v. State (1996 (2) KLT 306). It is pointed out that the Corporation is reflecting its stand of WPC 18497/04 & CONN. CASES 13 continued patronage to rank outsiders at the expense of those who have undergone the process of selection known to law. 12. An interim order was passed on 1.11.2006 which is extracted hereunder: “The case consistently set up by the KSRTC in the statements and the affidavit filed by the Executive Director (Operations) is that there should be 10175 conductors and as on 4.12.2004 there were 9953 conductors working. Out of the same, it is stated that there are 7011 permanent conductors and there are 2542 conductors who were appointed as provisional conductors who were later on appointed on regular basis. In the statement dated 2.3.2006 it is stated that there were 640 vacancies of conductors and they were reported. Appointments were also made against another 352 vacancies, it is stated, which were reported. 2. However, I note on the basis of Annexure IX in W.P.(C) 28746 of 2004 produced that persons were appointed as provisional conductors in January, 2005. Likewise, as is clear WPC 18497/04 & CONN. CASES 14 from the counter affidavit filed by the Public Service Commission that 719 fresh vacancies were reported vide letter dated 30.9.2004. Date of advice is shown as 5.11.2004. Annexure IX appointment refers to said advice. 276 fresh vacancies were reported on 4.12.2004 and advice is seen made on 31.3.2005. The same is the case of 364 NJD vacancies. Again with regard to 352 vacancies reported on 15.12.2004, the date of advice is shown as 31.3.2005. In such circumstances, prima facie it is clear that the statements made in the affidavits filed on behalf of the Corporation to the effect that there were 2542 permanent conductors, who were made up of provisional conductors appointed on advice of the PSC as on 4.12.2004 is incorrect. In the counter affidavit dated 20.10.2004 filed by the Corporation it is stated as follows: “All the PSC empanelled conductors in service are appointed upto 5.10.2004 are absorbed as reserve conductors in regular service.” If that be so, the figure 7011 shown as permanent conductors would take in all the conductors who were already permanent and who were appointed WPC 18497/04 & CONN. CASES 15 provisionally and later on absorbed as permanent as on that day. If that be so, the number of conductors shown as 2542 as provisional conductors who were later absorbed cannot be correct. 3. Learned counsel for the Corporation would submit that he will place an affidavit on record explaining these serious discrepancies in the affidavits. I would prima facie be inclined to think that the statements are statements which are false. However, I feel that an opportunity should be given to the Corporation to clarify these aspects. In particular it shall be stated as to when the 2542 provisional conductors who are alleged to have been later absorbed and working as permanent conductors as on 4.12.2004 were appointed as provisional conductors and when they were absorbed. The affidavit shall be filed by the Executive Director who filed the earlier affidavits on or before 8.11.2006. Post on 8.11.2006.” Pursuant to the same, an Affidavit dated 20.11.2006 was filed. Therein, it is, inter alia, stated as follows: WPC 18497/04 & CONN. CASES 16 On detailed scrutiny, it is found that the total strength of the Conductors as on 4.12.2004 was 8006 (permanent - 7351, provisional - 655). It is admitted that the figure 2542 shown as provisional Conductors in the Affidavit dated 18.7.2006 was a discrepancy. Only 655 provisional Conductors were there in the place of 2542 as erroneously shown, and that others were already regularised vide Order dated 6.10.2004, it is stated. The above 655 Conductors were regularised as per Order dated 5.1.2006 along with others appointed subsequently. It is pointed out that 2257 provisional