Therefore the extent of service rendered as ‘provisional hands’ should be reckoned from those dates mentioned in the certificates. Since their period of service is not continuous, it cannot be reckoned for the age relaxation, is the stand taken. Some of the petitioners were prevented from participating in the ‘Road Test’ under the guise that they are over aged. In the said letter it is informed that KSRTC had recruited provisional Drivers only through Employment Exchange and those persons recruited through other source are very few in number and they are senior in provisional service. According to him, the KSRTC or the Government are not entitled to relax or dilute the qualification stipulated for direct recruitment. P10 letter indicating that, the Government is consenting to give relaxation in the upper age to those who were working as empanelled Drivers in KSRTC.
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On the other hand it is contended keeala the petitioners were empanelled as Drivers on the basis of a selection process conducted by KSRTC. A further contention raised on behalf of PSC is that certificates produced by the petitioners do not indicate the exact extent of their provisional service in KSRTC.
In such cases petitioners shall not be denied selection on the basis that they have not attended the ‘Road Test’.
Provided that the above rule shall not apply in respect of ranked lists of candidates for admission to Training Courses that leads to automatic appointment to Services or posts and that in such cases the Ranked Lists shall cease to be in force after one year from the date of finalisation of the Ranked Lists or after one month from the date of commencement of the course in respect of the last batch selected from the list within a period of one year from the date of finalisation of the ranked lists whichever is later.
In some other cases the petitioners were excluded from the list of probable candidates prepared on the basis of the ‘Road Test’, assigning the very same jsrtc.
Home Archives Rank Lists In that letter KSRTC had requested PSC to consider prayer of the empanelled Drivers seeking age relaxation with benevolence, since they have served the Corporation with commitment and hard wok during their youthful and young ages. It is pertinent to note that, for appointment under Rule 9 a i it is not insisted that such appointment should be on a continuous basis or on the basis of a pay scale or on payment of monthly salary.
In this regard it will be useful to consider provisions of Rule 9 of part II of Kerala State and Subordinate Service Rules which deals with temporary appointments.
Through Gazette Notification datedPSC invited applications for the direct recruitment copy of the Gazette Notification is produced as Ext. Empanellment of Drivers on daily wage basis cannot be contended as distinct from other temporary appointments. But their results have not been published in view of pendency of these writ petitions.
P10 letter indicating that, the Government is consenting to give relaxation in the upper age to those who were working as empanelled Drivers in KSRTC.
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Referring to the above said provisions, it is contended that since the Government had expressed its opinion in Ext. Since their period of service is not continuous, it cannot be reckoned 20122 the age relaxation, is the stand taken.
P1 can be imported only with the meaning that those who are temporarily appointed against a sanctioned cadre to work for any specific period or till the coming of the regular hands.
Therefore the entire issue rings around the interpretation of the term ‘provisional hands’ keralz in Ext. Section 3 of the said Act insists that, the Corporation may consult the PSC on all matters relating to recruitment of senior officers and on the principles to be followed in making appointment by direct recruitment with respect to servants of the Corporation.
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Try out our Premium Member services: On the basis ketala Exts. Provided further that the Commission may take steps for the preparation of a new ranked list wherever necessary even before the expiry ksrala the period of one year of the ranked list, by inviting applications but that the ranked list prepared in pursuance of the resylts notification shall be brought into force only after the expiry of the period of one year of the existing ranked list.
While adjudicating the rival contentions, I am of the view that PSC is not entitled to deviate in any manner from the qualifications prescribed for recruitment under Ext. In reply to Ext. Therefore claim of the petitioners for relaxation in upper age limit cannot be considered, is the contention. Learned counsel appearing for the petitioner in W.
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While considering the question as to whether the petitioners are ‘provisional hands’ working in KSRTC, as contemplated under clause 6 ii of Ext. But the word used in Ext. I am of the view that in view of pendency of the issue under adjudication before this court, those candidates among the petitioners who 20122 qualified in the written test should be included in the list of selected candidates, provided they are eligible for relaxation in the upper age limit as per the concession provided under clause 6 ii of Ext.
It states that the word ‘provisional’ used in such context can only note ‘temporary appointment’ and ‘temporary promotions’. It is further pointed out that when persons like the petitioners have submitted representations before the Secretary of PSC, the matter was referred for opinion of the Government.
Therefore the extent of service rendered as ‘provisional hands’ keralx be reckoned from those dates mentioned in the certificates. On a perusal of certificates produced in all these writ petitions it is evident that, the date of commencement of service as empanelled Drivers in the respective units are indicated specifically.
Sasidharan, learned standing counsel appearing for PSC submitted that what is intended in the counter affidavit is that, engagement as empanelled Drivers is not a provisional appointment in terms of Rule 9.
In some other cases the petitioners were excluded from the selection even after permitting them 2021 attend the written test. It is noticed that in some of these cases by virtue of interim orders issued, the petitioners were permitted to attend ‘Road Test’ as well as written test.