IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 23402 of 2006(J) -------------------------- PETITIONER(S): --------------- HARIDAS N.K., PEON, T.G.M.T.CENTRE, WADAKKANCHERY, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN SMT.PREETHI KESAVAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, WAYANAD. 3. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, KANNUR. 4. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, KOZHIKODE. 5. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, IDUKKI. 6. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. GOVT. PLEADER SHRI.ANTONY MUKKATH ADV.P.C.SASIDHARAN, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 23402/2006 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE DTD.2.9.2000. P2. COPY OF THE SPECIAL RULES. P3. COPY OF THE CIRCULAR DTD.13.12.2004 ISSUED BY R1. P4. COPY OF THE APPLICATION DTD.21.12.2004. P5. COPY OF THE LETTER DTD.23.12.2004 BY THE SUPDT. OF TECHNICAL HIGH SCHOOL, THRISSUR. P6. COPY OF THE CIRCULAR DTD.19.7.2006 ISSUED BY THE PRINCIPAL SECRETARY, PERSONAL & ADMINISTRATIVE REFORMS DEPARTMENT. P7. COPY OF THE QUERY MADE BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICE, OF P.S.C. P8. COPY OF THE REPLY RECEIVED FROM P.S.C. P9. COPY OF THE NOTIFICATION DTD.13.10.1006 IN THE EXTRA ORDINARY GAZETTE. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 23402 of 2006 ================== Dated this the 19 th day of September, 2011 J U D G M E N T The petitioner is working as a Peon in the TGMT Centre, Wadakkancherry, under the Department of Technical Education of the Government of Kerala. The petitioner possesses the qualifications prescribed for appointment to the post of Sergeant in various departments of the Government in accordance with Ext.P2 special rules. As per Ext.P2, appointment to the post of Sergeant is to be made either by direct recruitment or by recruitment by transfer from any other class or category of service. By Ext.P3 circular dated 13.12.2004, the Director of Technical Education, Thiruvananthapuram, invited applications from qualified hands for appointment to the vacancies of Sergeant by transfer. The petitioner submitted an application for the same. Nothing was done pursuant to Ext.P3. Nor was it cancelled. Subsequently, the Director of Technical Education reported vacancies for direct recruitment to the Public Service Commission. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs; “a) Issue a writ of mandamus or other appropriate writ or order directing the 1st respondent to consider Exhibit P4 application forthwith and appoint the petitioner as sergeant under the 1st respondent in accordance with rule 3(iii) of Exhibit P2 special rules. b) Declare that the petitioner is entitled to be appointed as w.p.c.23402/06 2 sergeant by transfer as per Rule 3(iii) of Exhibit P2 Special Rules to the existing vacancies.” 2. A counter affidavit has been filed, wherein the facts of issue of Ext.P3 and receipt of the application of the petitioner are not disputed. The only contention is that by that time a ranked list of Sergeants was available with the Public Service Commission. According to them, since the first method of appointment is by direct recruitment, the 1 st respondent sought clarification from the Government for filling up the posts by the second method. The Government replied clarifying that the question may be examined with reference to the special rules and on examination, it was decided to fill up the vacancies by direct recruitment and to report the vacancies to the Public Service Commission. In the reply affidavit, the petitioner has produced Ext.P8 information obtained by resort to proceedings under the Right to Information Act, wherein it has been clarified that as on 1.1.2005, in no district there was any ranked list of Sergeant available and that in July 2006, ranked lists were available in Kottayam, Palakkad, Malappuram, Kozhikode and Kasarkode districts. Therefore, according to the petitioner, having initiated proceedings for recruitment by transfer by issuing Ext.P3 in 2004, much before reporting of vacancies to the Public Service Commission, the respondents cannot dispense with the selection on the ground that in 2006 they reported vacancies to the Public Service Commission for w.p.c.23402/06 3 direct recruitment. 3. I have considered the rival contentions in detail. 4. Of course, going by Ext.P2 special rules, the appointing authority can resort to appointment by direct recruitment or by transfer. But having initiated the process of recruitment by transfer by Ext.P3, the respondents had a duty to complete proceedings within a reasonable time. They cannot take a stand that since two years thereafter in 2006, they had reported vacancies to the Public Service Commission, they cannot now complete proceedings pursuant to Ext.P3. In fact the respondents have no case that Ext.P3 was cancelled or recalled at any time. Therefore, I am of opinion that the respondents should complete proceedings initiated by Ext.P3 expeditiously and make appointments to the vacancies available from the list to be prepared pursuant to Ext.P3. This process shall be completed, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Until the said process is completed, no appointments shall be made by direct recruitment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.23402/06 4