Lalsudheer J. S. v. Kerala State Road Transport Corporation
2002-07-22
CYRIAC JOSEPH, K.THANKAPPAN
body2002
DigiLaw.ai
Judgment :- The appellants challenge the judgment dated 1.7.2002 in O.P.No. 17143 of 2002 which was dismissed by the learned Single Judge. The appellants are the petitioners in the said Original Petition. 2. The only contention urged by Mr. Elvin Peter, learned counsel for the appellants is that the learned Single Judge dismissed the Original Petition in view of the decision of a Division Bench of this Court in Kerala Public Service Commission v. Shanil Kumar, 2002 (1) KLT 604 which according to the learned counsel has not laid down the correct law. It is contended that the said decision requires reconsideration. 3. Having heard the learned counsel for the appellants and the learned counsel for the Public Service Commission and having considered the submissions made by the learned counsel for the parties and the averments raised in the appeal memorandum, we are not inclined to take a view different from the view taken by the Division Bench in Kerala Public Service Commission v. Shanil Kumar, 2002 (1) KLT 604. 4. The contention of the appellants is that non-joining duty vacancies which are reported to the Public Service Commission after the expiry of the life of the ranked list should also be considered as vacancies which arose during the life of the ranked list. The reasoning for such a contention is that if a candidate is advised by the Public Service Commission against a vacancy reported during the life of the ranked list and if such candidate does not join duty and the advice is cancelled by the Public Service Commission, on such cancellation of the advice the vacancy originally reported during the life of the ranked list revives and such non-joining duty vacancy should be deemed to have been reported during the life of the ranked list. However, the relevant rule in respect of non-joining duty vacancies is Rule 18 of the Kerala Public Service Commission Rules of procedure (hereinafter referred as “the Rules”) As per Rule 18 (1) of the said Rules, the advice of a candidate made by the Commission for recruitment to any post in the service who does not join duty in the post in pursuance of the order of appointment shall, unless the Commission are satisfied that the order has not been sent to the candidate by registered post with acknowledgment due, be cancelled and his name deleted from the ranked list.
It means that if the fact of non- joining duty by the candidate is intimated to the Public Service Commission only after the expiry of the life of the ranked list, the advice of the said candidate can be cancelled by the P.S.C. only after the expiry of the life of the ranked list and the consequential vacancy can arise only after the expiry of the ranked list. Revival of the original vacancy is not contemplated under the rules. As per Rule 14 of the Rules, the Commission shall advise candidates for all the vacancies reported and pending before them and the vacancies which may be reported to them for the period during which the ranked lists are kept alive, in the order of priority, if any, and in the order of merit subject to the rules of reservation and rotation wherever they are applicable. In the case of non-joining duty vacancies, the vacancy can be deemed to have been reported to the Public Service Commission only when the fact of non-joining is intimated to the P.S.C. and the advice is cancelled. If that happens only after the expiry of the life of the ranked list, then under Rule 14 of the Rules, the Public Service Commission cannot advise candidates against such vacancies from the ranked list whose life has already expired. In Kerala Public Service Commission v. Shanil Kumar, 2002 (1) KLT 604, a Division Bench of this court has rightly held that Rule 14 of the Rules does not empower the Public Service Commission to advise any candidate after the expiry of the ranked list if requisition is not received before the expiry of the ranked list and that if there is a non- joining duty vacancy occurred during the currency of the ranked list, unless and until the same is reported, it cannot be said that the said vacancy is pending before the Public Service Commission during the currency of the ranked list. We respectfully agree with the above view of the Division Bench. In this context it is agreed to refer to a judgment of this Court in Writ Appeal no.272 of 2002 in which we have held that in respect of non-joining duty vacancies reported after the expiry of the ranked list, the Public Service Commission is not bound to advise candidates against such vacancies.
In this context it is agreed to refer to a judgment of this Court in Writ Appeal no.272 of 2002 in which we have held that in respect of non-joining duty vacancies reported after the expiry of the ranked list, the Public Service Commission is not bound to advise candidates against such vacancies. In the above circumstances, we hold that there is no merit in the appeal and the appeal is dismissed.