A sample letter which was issued to the original Petitioner No.
As between the open category candidates and the departmental candidates, since the ratio was 14, their inter se seniority was fixed by the Public Service Commission by putting the departmental candidate at Serial No.1 followed bu four open category candidates and thereafter again by a departmental candidate and so on.
In the body of the said letter also, the Public Service Commission has referred to the fact that each candidate named in the letter has been informed of the selection to the Kerala State Electricity Board.
They companytended that they were senior to the open market candidates and other reserved category candidates in view of the fact that their appointments were made earlier.
Accordingly the said Notification was issued inviting applications for the posts of junior Engineers by direct recruitment.
1 5 filed a writ petition before the Kerala High Court challenging the fixation of their seniority as advised by the Kerala Public Service Commission.
In their case also, the Public Service Commission issued a letter dated 23.10.1971 addressed to the Kerala State Electricity Board forwarding the names and stating that their appointments were provisional and their inter se seniority vis a vis departmental candidates will be fixed thereafter.
Thereupon the present respondent number.
40 were to be filled by inviting applications from the open market while 10 were to be filled by inviting applications from departmental candidates who may be qualified for that post.
It is an accepted position that the posts of junior Engineers are to be filled in the following manner 50 by promotion and 50 by direct recruitment.
5 and the present Respondent No.1 dated 17.6.1971 clearly states that he is appointed as Action junior Engineer Electrical in pursuance of the advice dated 4.6.1971 of the Kerala Public Service Commission.
The Kerala State Electricity Board addressed a letter to the Public Service Commission explaining its urgent need for filling the posts of junior Engineers and requested the Public Service Commission that since the applications from the open market were over 900, the Public Service Commission companyld select the departmental candidates first so that some posts of Junior Engineers companyld be manned in a shorter time.
The advice letter dated 4th of June, 1971 from the Public Service Commission to the Secretary, Kerala State Electricity Board after giving a list of the selected candidates states, inter alia, in paragraph 2 The advice of these 12 candidates will be provisional and their inter se seniority vis a vis the open market candidates will be fixed only after the finalisation of the ranked list of open market candidates and after advising them against the 40 vacancies allotted to them.
After the finalisation of the list of candidates, the Public Service Commission prepared a seniority list of all the candidates so selected.
The open category candidates were selected by the Kerala Public Service Commission after companyducting the written examination and the interview.
Acceeding to this request, the Public Service Commission prepared on the basis of interview the select list of departmental candidates in the 10 quota.
Their list was prepared by the Kerala Public Service Commission on 15.10.1971.
Accordingly the appointment letters were issued to the departmental candidates so selected.
THE 12TH DAY OF FEBRUARY, 1998 Present Honble.
By subsequent Notification of 22.3.1971 issued by the Kerala Public Service Commission, it was clarified that departmental candidates who are companypeting for the 10 posts in the direct recruitment category will also have to make applications as per the earlier Notification.
In prenaring this list, the Public Service Commission was also required to take into account reservations in favour of Scheduled Castes, Scheduled Tribes and backward classes and other reserved category candidates under Rules 14 to 17 of the Kerala State and Subordinate Service Rules.
The final advice of the Public Service Commission to the Kerala State Electricity Board is their letter of 18.1.1973 by which the Kerala Public Service Commission forwarded the companybined list of candidates in their order of seniority from the open market and from the department to the posts of Junior Engineer Electrical after taking care of reservations prescribed.
By Notification dated 2.2.1971, the Kerala State Public Service Commission invited applications for appointment to the posts of Junior Engineers in the Kerala State Electricity Board.
with his for intervenors.
Hence, the present appeal has been filed.
O R D E R The following Order of Court was delivered The applications for impleadment are rejected.
N. Sudhakaran, Ms. Prasantha Prasad, Advs.
T.G.N.Nair, Adv.
P.K. Manohar, Adv.
with his for the Respondent No.1 5 Krishnamurthy, Sr.
This Notification was issued pursuant to the request received from the Kerala State Electricity Board for making selections by direct recruitment to the posts of Junior Engineers.
