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Therefore I am inclined to hold that persons empanelled as Drivers in KSRTC are entitled to the benefit of clause 6 ii with respect to relaxation in the matter of upper age limit. P1 Notification should be a continuous service on a provisional basis. It is pointed out that the empanelled Drivers, conductors and other staff of KSRTC were absorbed into regular service by virtue of various orders issued with approval of the Government. 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. Therefore the extent of service rendered as ‘provisional hands’ should be reckoned from those dates mentioned in the certificates.

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Therefore the extent of service rendered as ‘provisional hands’ should be reckoned from those dates mentioned in the certificates. Provided further that if the Commission is satisfied of the existence of a general ban not exceeding one and a half year in the aggregate duration declared by the Government on the reporting of lsc, to the Public Service Commission, they shall have the power to keep alive the ranked lists which are normally due to expire during the period of the above said ban or within 7 days of the cessation of the ban, for a further period of 30 days from the date of cessation of ban.

However it is evident that all petitioners have participated in the written test.

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Some of the petitioners were prevented from participating in the ‘Road Test’ under the guise that they are over aged. 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.

The Commission shall advise candidates for all the vacancies reported and pending before them and the vacancies which may be reported to them for the period during which the ranked lists are kept alive in the order of priority, if any, and in the order of merit subject to the rules of reservation and rotation, wherever they are applicable.

Rajeevan, learned counsel appearing for the petitioner in WP c No.

In reply to Ext. The concession provided in the Notification is as follows. In the said letter it is informed that KSRTC had recruited provisional Drivers only through Kxrtc Exchange and those persons recruited through other source are very few in number and they are senior in provisional service. Referring to the above said provisions, it is contended that since the Government had expressed its opinion in Ext. Pscc states that the word ‘provisional’ used in such context can only note ‘temporary appointment’ and ‘temporary promotions’.

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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. Therefore the empanelled provisional Drivers in KSRTC are also made ineligible for ksftc age relaxation in terms of the view expressed by the appointing authority.

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P1 provides that, concession with respect to relaxation of upper age limit is provided to ‘provisional hands’ working in KSRTC. On a ksttc 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 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 prepared 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. It is stated that, persons were offered appointment as eesults Drivers only in the absence of availability of permanent Drivers.

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None of the certificates produced by the petitioners will indicate the extent of provisional service. P1 Gazette Notification lsrtc are entitled for relaxation in the upper age limit. Therefore claim of the petitioners for relaxation in upper age limit cannot be considered, is the contention. The proviso to sub section 3 says that before the Government taking any such decision the keralla should be referred to the Commission.

PSC has no case that the empanellment of Drivers in KSRTC is made not against a post born on the cadre of its service, nor they have a case that such empanellment was made not to meet an emergency to fill up vacancies in that cadre.

Clause 6 ii in Ext. The ranked lists published by the Commission shall remain in force for a period of one year from the date on which it was brought into force provided that the said list will continue to kerqla in force till the publication of a new list after the expiry of the minimum period of one year or till the expiry of three years whichever is earlier:. While considering the question as to whether the petitioners are ‘provisional hands’ working in KSRTC, as contemplated under clause 6 ii of Ext.

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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. Therefore I am of the view that the word ‘provisional hands’ used in Ext.

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.

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 advise 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.

Learned Standing Counsel attempted to draw a distinction between the provisional appointment and the engagement on temporary basis. P1 Notification, on the basis of their extent of their provisional service. P1 Gazette Notification is ‘provisional hands’.

On the other hand it is contended that the petitioners were empanelled as Drivers on the basis of a selection process conducted by KSRTC. It is contended that, considering the extent of provisional service put in and also considering the 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. P1 produced in W.

Further contention is that the Managing Director of the KSRTC had informed that the empanelled Conductors are not recruited through Employment Exchange and there is no provision regarding age relaxation with respect to appointment of the Conductors.