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In this regard, Sri. 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. Eventhough learned Standing Counsel attempted to draw a distinction between ‘appointment’ and ‘engagement’, I do not find any provision prescribing any such separate method for engaging persons against sanctioned posts on temporary basis. But the learned Standing Counsel for PSC submitted that the opinion of the Government was discussed by the Commission and the same was found as not acceptable, because it will go against the qualification prescribed for candidates. 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. One among the qualification prescribed is that the candidates should be within the age limit of 21 to 40 years. Hence the provisional hands mentioned in Ext.

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On the other hand it is contended that the petitioners were empanelled as Drivers on the basis of a selection process conducted by KSRTC. Eventhough learned Standing Counsel attempted to draw a distinction between ‘appointment’ and ‘engagement’, I do not find any provision prescribing any such separate method for engaging persons against sanctioned posts on temporary basis.

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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. In ksryc to Ext. If the Commission is satisfied of the ban and its consequences they shall issue a notification keeping alive the ranked list in the above manner and shall desults candidates to the vacancies which actually arose during the normal period of validity of the ranked list and certified to be as such by the Appointing Authorities reporting vacancies to the Commission.

For these selections, the Ranked Lists will be in force only for a period of three months from the date of finalisation of the Ranked Lists or one month from the date of commencement of the course whichever is later. 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.

Kerwla considering the question as to whether the petitioners are ‘provisional hands’ working in Keraa, as contemplated under clause 6 ii of Ext. It is contended that, considering the extent of provisional service put in and also considering ksgtc fact that they were within the prescribed age limit at the time of first entry into the service of KSRTC, they are entitled for relaxation in upper age limit.

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It states that the word ‘provisional’ used in such context can only note ‘temporary appointment’ and ‘temporary promotions’. 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.

It is pointed out that such persons may not get any opportunity in future to get appointment in permanent service of KSRTC or in any other Government Departments.

Provided further that the Commission may take steps for the preparation of a new ranked list wherever necessary even before the expiry of the period of one year of the ranked list, by inviting applications but that the ranked list pzc in pursuance of the said notification shall be brought into force only after the expiry of the period of one year of the existing ranked list. P1 produced in W. By the circular the appointing authorities were directed to quote relevant rules while making appointment and promotions.

On the basis of Exts. Therefore the entire issue rings around the interpretation of the term ‘provisional hands’ used in Ext.

Therefore claim of the petitioners for relaxation in upper age limit cannot be considered, is the contention. Through Gazette Notification datedPSC invited applications for the direct recruitment copy of the Gazette Notification is produced as 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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P1 Notification, on the basis of their extent of their provisional service. Needful steps in this regard shall be done at the earliest possible, at any rate with a period of two weeks from the 212 of receipt of a copy of this judgment. On the basis of the observations contained hereinabove the competent authority in PSC is directed to take effective steps to scrutinise and declare selection of the petitioners depending on their eligibility.

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It is pointed out that all of them have produced certificates obtained from the unit offices of KSRTC reeults, to the effect that they were working as empanelled Drivers with effect from different dates and that they were not working in the regular service of the Corporation.

P1 Notification should be a redults service on a provisional basis. 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.

Provided further that the provisions of the proviso above mentioned shall not be applicable for the selection for admission to the Forest Rangers Course and also for admission to the Diploma Course in Forestry for which selections have to be made psv in accordance with the instructions of the Government of India issued from time to time.

The petitioner in W. P1 Gazette Notification they are entitled for relaxation in the upper age limit.

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In some other cases the petitioners were excluded from the selection even after permitting them to attend the written test. In some other cases the petitioners were excluded from the list of probable candidates prepared keralx the basis of the ‘Road Test’, assigning the kerzla same reason. 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.

P1 provides that, concession with respect to relaxation of upper age limit is provided to ‘provisional hands’ working kerla KSRTC. In the counter affidavit filed on behalf of PSC it is contended that the petitioners are not entitled to get age relaxation as stipulated in Clause 6 ii of Ext.

Rajeevan had drawn my attention to a circular issued by the State Government No. P1 notification is indicative of only persons appointed on temporary basis. 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 Ksrrc.