IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 2371 of 2009(G) ------------------------------------ PETITIONER(S): ---------------------- 1. VIPIN. N, SENIOR ASSISTANT, TRANSMISSION CIRCLE, KANJIKODE P.O., PALAKKAD-678 621. 2. K. RAJENDRAN NAIR, SENIOR ASSISTANT, MIS, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 3. KAVITHA RAJAN, SENIOR ASSISTANT, OFFICE OF THE CHIEF ENGINEER (HRM), VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 4. STALIN. G, SENIOR ASSISTANT, MIS, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 5. BIJU. R, SENIOR ASSISTANT, ELECTRICAL SECTION, ATTINGAL. 6. BINOY. P.GOPAL, SENIOR ASSISTANT, GENERATION CIRCLE, MEENCUT P.O., CHITHIRAPURAM, IDUKKI DISTRICT. 7. SASIDHARAN. K.K, SENIOR ASSISTANT, ELECTRICAL DIVISION, PALAKKAD. 8. SHEEJA BEEGUM. A, SENIOR ASSISTANT, ELECTRICAL SECTION, OLLUR, THRISSUR. 9. SUDHEER KUMAR. K, SENIOR ASSISTANT, ELECTRICAL DIVISION, PATHANAMTHITTA. 10. SURESH KUMAR. T, SENIOR ASSISTANT, ELECTRICAL DIVISION, SHORNUR. 11. THARA TELCIE PAUL. M, SENIOR ASSISTANT, TRANSMISSION CIRCLE, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 12. THOMAS P.J., SENIOR ASSISTANT, ELECTRICAL DIVISION, CHITTUR. WP(C).No. 2371 of 2009(G) 13. SUBHASH KUMAR VARMA. P., SENIOR SUPERINTENDENT, ELECTRICAL SECTION, MALAPPURAM. 14. JYOTHISH PRASAD, SENIOR ASSISTANT, ELECTRICAL DIVSION, POWER HOUSE, THIRUVANANTHAPURAM. BY ADV. MR.E.K.NANDAKUMAR MR.A.K.JAYASANKAR NAMBIAR MR.K.JOHN MATHAI MR.P.BENNY THOMAS MR.ANIL D. NAIR RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM 695 004, REPRESENTED BY ITS SECRETARY. 2. CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 3. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM-695 004. * ADDL. R4 IMPLEADED ADDL. R4: KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004., REPRESENTED BY ITS SECRETARY. * IS IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 22/01/2009 IN I.A. NO.1083/2009. R1 TO R3 BY ADV. MR.K.S.ANIL, SC, KSEB ADDL. R4 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 2371 of 2009 --------------------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT The petitioners are working as Senior Assistant/Senior Superintendent in the Ministerial Cadre under the Kerala State Eectricity Board. They are seeking for a direction to provisionally appoint them to the post of Divisional Accountant against the vacancies earmarked for candidates under the channel provided for appointment by transfer. 2. The post of Divisional Accountant is filled up through three methods of appointment in the ratio of 1:1:1, which are shown below: (a) Appointment of departmental candidates (by transfer) with qualification of Divisional Accountant Test conducted by the Kerala Public Service Commission. (b) Appointment of departmental candidates (by promotion) from among Senior Assistants having 10 years service with qualification of Accountant Test (Higher); and (c) Recruitment of candidates from open market (General Recruitment) possessing minim qualifications as prescribed, through the Kerala Public Service Commission. 3. As far as the appointment by transfer is concerned, the respective officers will have to pass the Divisional Accountant wpc:2371 of 2009 2 Test conducted by the Public Service Commission. In para 5 of the writ petition, petitioners have pointed out that there are 92 posts of Divisional Accountants in the establishment and these posts have to be filled in the ratio of 1:1:1 from out of the three methods of appointment listed above. But since the Divisional Accountant test is not being held, it has resulted in denial of appointment in the quota for appointees by transfer. It is in these circumstances, the petitioners point out that at least the Board should consider their appointment on a provisional basis. 4. Heard the learned standing counsel appearing for the Board. He has filed a statement on behalf of the second respondent. 5. It is pointed out that for the appointment by transfer from departmental candidates, the candidates will have to pass the preliminary examination, final examination and interview conducted by the Kerala Public Service Commission. Only those candidates who are advised by PSC will be given posting under the quota reserved for appointment by transfer. It is pointed out that in the present case, the petitioners have only passed the preliminary examination conducted by the PSC and therefore, their request for appointment as Divisional wpc:2371 of 2009 3 Accountant against the quota earmarked for appointment by transfer cannot be considered. 6. The petitioner have filed a reply affidavit wherein they have produced Ext.P4. It will be seen from Ext.P4 series that a proposal for appointing the petitioners and similarly situated persons on a provisional basis is under the active consideration of the respondent Board. The contents of Ext.P4 shows that this was meant to be issued for giving benefit to the persons like the petitioners. 7. Going by the recruitment rules, the vacancies can be filled on a regular basis only by the method provided therein and in accordance with the attainment of eligibility and qualification. But still the appointing authority is having the discretion to appoint anybody provisionally if administrative exigency exist since the quota for them is remaining unfilled. Therefore, as on today the petitioners cannot claim any appointment on a regular basis. But if there is a proposal to fill up the vacancies by any provisional appointment in the quota earmarked for appointees by transfer, then the claim of the petitioners will be considered in accordance with the seniority and such quota can be filled up only by the persons wpc:2371 of 2009 4 who are eligible under the relevant rules for appointment by transfer. 8. It is pointed out that examinations are being delayed like anything and this has prevented eligible persons from getting a regular promotion. One of the prayers sought for in the writ petition is for a direction to respondents to conduct the Divisional Accountant test within a time limit. 9. The first and the additional fourth respondent will therefore, ensure that speedy and effective steps are taken to conduct the test to enable persons like the petitioners to acquire the test qualification. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE bps