KOCHI: Kerala High Court on Monday held that KSRTC has been giving false hope to the empanelled conductors appointed provisionally by allowing them to cling on much to the prejudice of the PSC advisees. The court also directed to fill the vacancies through PSC and those who received advise memo should be appointed.
A Division Bench comprising Justice V Chitambaresh and Justice R Narayana Pisharadi issued the judgment while allowing the appeals filed by PSC advisees challenging the Single Judge order. The single judge had dismissed the petition on the ground that substantive vacancies have not been established in the post. The Bench set aside the order of the Single Judge.
In an interim order, the Bench had held that the PSC advisees could not have been kept waiting on tenterhooks for long by allowing the so-called ‘empanelled conductors’ to occupy the vacant posts. The Bench observed that if the interim order were not issued, the PSC advisees would not have been appointed by the KSRTC. The decision by the Supreme Court in KPSC Reserve Conductors Rank Holders association case is binding on the KSRTC, and any deviation from there was impermissible.
The court held that any substantive vacancies in the post of conductor grade II after its ascertainment within a time frame could only be filled up through the PSC or by persons sponsored by the employment exchange. It should, however, be strictly in accordance with the provisions of Kerala State and Subordinate Service Rules for a period of 180 days and that too temporarily till the exercise by the PSC was complete.
Breather for four demoted DySPs
The Kerala Administrative Tribunal (KAT) on Monday ordered four DySPs, who were demoted to CIs, to continue in the same post for 10 days. The KAT will consider the case on February 12. It issued the order on the petition filed by Ernakulam Rural Crime Detachment DySP K S Udayabhanu, Ernakulam Rural Special Branch Dy SP V G Ravindranath, Wayanad Narcotic Cell Dy SP M K Manoj Kabeer and Kozhikode Rural-Nadapuram subdivision Dy SP E Sunilkumar challenging the government order demoting them to CIs.
P C Sasidharan, counsel for Ravindranath and Sunil Kumar, submitted non-inclusion in the select list for promotion to the post of DySP as well as the reversion from the post was illegal and against the General Rules. The petitioners stated section 101 (6) of the Kerala Police Act and the guidelines stated withholding of increment cannot be taken as a bar for promotion.