All these writ petitions relate to the same subject matter and are, therefore, heard and disposed of by this common judgment. For convenience, I shall refer to rank of parties and exhibits as available in W.P.(C) No.15441/2011 unless the context so requires or is made clear otherwise. The petitioners are lowly paid employees of the Kerala Municipal Common Service who do not possess SSLC qualification. As per the Kerala Municipal Common Service Rules, 10% of the vacancies in the post of Lower Division Clerk and equated posts are earmarked for being filled up from lowly paid employees, who need not possess SSLC qualification, but have to qualify with more than 40% marks in a test conducted by the Kerala Public Service Commission for the purpose. The petitioners are included in Exts.P3 and P4 rank lists and other rank lists for other districts prepared by the Kerala Public Service Commission from among the lowly paid employees in the Kerala Municipal Common Service, after conducting such a test for appointment as Lower Division Clerks. According to the petitioners, despite existence of vacancies they are not being advised from the list and appointed. At the same time, the 2nd respondent is filling up the available vacancies by SSLC qualified last grade employees on the basis of their seniority. According to the petitioners, this is against the rules. The petitioners, therefore, challenge appointments made and seek a direction to respondents 1 to 5 to see that the vacancies due to the petitioners are filled up by appointing persons from the rank lists prepared by the Public Service Commission.
2. The 2nd respondent has filed a counter affidavit, in paragraph 3 of which, it is stated thus:
“3. Government by G.O.(MS) No.313/05/L.S.G.D., dated 26.10.2005 issued orders reserving 10% of the post of Lower Division Clerk/Bill Collector in Municipal Common Service for by transfer method appointment from among the low paid employees (Class IV) in regular service of Municipal Common Service possessing the educational qualification of S.S.L.C modifying the existing provision of reservation of 5% by direct recruitment from low paid employees, provided the ratio/percentage has to be applied to the total cadre strength of the post of Lower Division Clerk/Bill Collector in Municipal Common Service. The said Government Order was issued following the judgment of this Hon'ble Court in WP(C) No.11221/2005 dated 4.4.2005. Following the directions contained in the said Government Order, this respondent appointed 104 eligible persons from the low paid category to the post of Lower Division Clerk by order dated 13.02.2006. At that time the total cadre strength of Lower Division Clerk's in Municipal Common Service was 1040. Since the publishing of Rank lists by the Public Service Commission has not come to the notice of this respondent, this respondent appointed 55 persons from the low paid category to the post of Lower Division Clerk after preparing a seniority list as done in 13.2.2006 if the existence of Public Service Commission rank list has came to the notice of this respondent, order dated 28.4.2011 cannot be issued. It happened due to oversight of existence of the list. The rank list was not in the notice of of the respondent by the department.”
Going by the same, the 2nd respondent admits that the appointments of SSLC qualified last grade employees without reference to the rank lists prepared by the Public Service Commission from among lowly paid employees who do not possess SSLC qualification are contrary to rules. Accordingly, all such appointments including appointments made by Ext.P5 are quashed. The 2nd respondent is directed to see that the vacancies earmarked for persons like the petitioners in these writ petitions in the 10% quota set apart for them are filled up from Exts.P3 and P4 rank lists and other similar rank lists prepared by the Kerala Public Service Commission for other districts. Orders in this regard shall be passed as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. After such exercise is over, in available vacancies, those persons, who had earlier been appointed, which appointments I have quashed, shall be accommodated. To implement the above direction, the 2nd respondent shall report the vacancies earmarked for appointments from Exts.P3 and P4 rank lists and other similar rank lists prepared for other districts within two weeks from the date of receipt of a copy of this judgment. All other contentions of both sides in these writ petitions are left open.
The writ petitions are disposed of as above.
S. SIRI JAGAN, JUDGE acd