The petitioner was engaged as empanelled Conductor in the 1st respondent Corporation on the basis that he was included in the Rank List prepared by the PSC, but remained unadvised. The petitioner claimed regularisation in service based on Ext.P3 Government Order wherein the Government have accorded sanction for regularisation of provisional Conductors who were engaged from the unadvised Rank List of PSC. When his claim was not considered he had approached this court on an earlier occasion in WP(C) No.7961/2013. This court directed to consider his request within a period of one month and to pass appropriate orders. Ext.P11 is the consequential order issued by the 1st respondent Corporation. It is evident from Ext.P11 that the Corporation found that the petitioner is entitled to the benefit of Ext.P3 Government Order. Therefore he was declared as eligible for regularisation. But it is observed W.P.(C). No. 10536 of 2014 -2- in Ext.P11 that he will be regularised only after getting approval from the Government. It is aggrieved by such a rider imposed in Ext.P11, this writ petition is filed.
2. By virtue of Ext.P3 the Government have accorded sanction for regularising empanelled Conductors engaged from the unadvised list of PSC, considering the fact that they were included in the PSC list after completing all formalities of selection. The only condition stipulated in Ext.P3 is that, the employee should be in active service of KSRTC as on the date of Ext.P3 and should not have crossed the upper age of 55 years. It is mentioned that the date of regularisation will be the date of the order. In Ext.P11 it is specifically mentioned that the petitioner was in active service as on 22.12.2011. Therefore there is no necessity to obtain any further approval from the Government. The petitioner ought to have been regularised in view of Ext.P3 Government Order.
3. Under the above mentioned circumstances, Ext.P11 to the extent it imposed the rider for getting W.P.(C). No. 10536 of 2014 -3-
approval from the Government is hereby quashed. The 1st respondent is directed to issue fresh proceedings regularising the petitioner in the service of the Corporation with immediate effect. Necessary orders in this regard shall be issued within a period of two weeks from the date of receipt of a copy of this judgment.
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C.K. ABDUL REHIM, JUDGE /true copy/ P. A. to Judge Pn