V.A. RAMAN versus K.V. JOHN AND ORS.

Citation: [1998] 1 S.C.R. 874 · Decided: 12-02-1998 · Supreme Court of India · Bench: SUJATA V. MANOHAR, D.P. WADHWA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
V.A. RAMAN 
v. 
K.V. JOHN AND ORS. 
FEBRUARY 12, 1998 
B 
[MRS. SUJATA V. MANOHAR AND D.P. WADHWA, JJ.] 
Service Law : 
Kera/a State and Subordinate Service Rules : 
c 
R. 27 (c)-Seniority-Kerela State Electricity Board-Junior Engineers 
(Electrica/)-Direct recruitment~Posts to be filled from open market as also 
from departmental candidates-Some posts were required to be filled urgently 
within short time-For the purpose Public Service Commission selected 
department candidates first-Seniority was to be determined lat.er after 
D finalisation of ranking list of open market candidates-Later commission 
sending combined merit list-Seniority determined accordingly-Department 
candidates claiming seniority from the date ofappointment-Held, claim not 
maintainable-Seniority to be determined according to the merit list prepared 
by the Commission. 
E 
CIVIL APP ELLA TE JURISDICTION : Civil Appeal No. 3619 of 1982. 
From the Judgment and Order dateJ 14.8.79 of the Kerala High·Court 
in W.A. No. 81 of 1978. 
F 
K. John Mathew, N. Sudhakaran and Ms. Prasantha Prasad for the 
Appe:Iant. 
A.S. Nambiar and P.K. Manohar for the Respondent No. 1-5. 
P. Krishnamurthy and T.G.N. Nair for intervenors. 
G 
The following Order of Court was delivered : 
The applications for impleadment are rejected. 
By Notification dated 2.2.1971, the Kerala State Public Service 
Commission invited applications for appointment to the posts of Junior 
H Engineers in the Kerala State Electricity Board. This Notification was issued 
874 
V.A. RAMAN v. KV. JOHN 
875 
pursuant to the request received from the Kerala State Electricity Board for A 
' 
_ 
_,;._ 
making selections by direct recruitment to the posts of Junior Engineers. It 
is an accepted position that the posts of Junior Engineers are to be filled in 
the following maru1er: 50% by promotion and 50% by direct recruitment. Out 
of the posts to be filled by direct recruitment, 40% were to be filled by inviting 
applications from the open market while I 0% were to be filled by inviting B 
____,, 
applications from departmental candidates who may be qualified for that post. 
>-
Accordingly the said Notification was issued inviting applications for the 
posts of junior Engineers by direct recruitment. By subsequent Notification 
of 22.3.1971 issued by the Kerala Public Service Commission, it was clarified 
that departmental candidates who are competing for the 10% posts in the 
direct recruitment category will also have to make applications as per the c 
earlier Notification. 
The Kerala State Electricity Board addressed a letter to the Public 
Service Commission explaining its urgent need for filling the posts of Junior 
Engineers and requested the Public Service Commission that since the 
A 
applications from the departmental candidates were few and the applications D 
from the open market were Jver 900, the Public Service Commission could 
select the departmental candidates first so that some posts of Junior Engineers 
could be manned in a shorter time. Acceeding to this request, the Public 
Service Commission prepared on the basis of interview the select list of 
departmental candidates in the 10% quota. The advice letter dated 4th of E 
June, 1971 from the Public Service Commission to the Secretary, Kerala State 
Electricity Board after giving a list of the selected candidates states, inter alia, 
"in paragraph 2:-
"The advice of these 12 candidates will be provisional and their inter 
,.....r 
se seniority vis-a-vis the open market candidates will be fixed only F 
after the finalisation of the ranked list of open market candidates and 
after advising them against the 40% vacancies allotted to them." 
In the body of the said letter also, the Public Service Commission has 
referred to the fact that each candidate named in the letter has been informed 
of the selection to the Kerala State Electricity Board. Accordingly the G 
~_} 
appointment letters were issued to the departmental candidates so selected. 
A sample letter which was issued to the original Petitioner No. 5 and the 
present Respondent No.I dated 17.6.1971 clearly states th1t he is appointed 
as Action Junior Engineer (Electrical) in pursuance of tl1e advice dated 4 .6.1971 
of the Kerala Public Service Commission. 
H 
, --
876 
SUPREME COURT REPORTS 
[1998] l S.C.R. 
A 
The open category candidates were selected by the Kerala Public Service 
_.____ 
Commission after conducting the written examination and the interview. Their 
lis

Excerpt shown. Read the full judgment & AI analysis in Lexace.