E. Ramakrishnan and ors. Vs. State of Kerala and ors. - Court Judgment

Excerpt:
service - regularization - service law, article 320 of constitution of india and administrative law - petitioners being field workers by way of special leave challenging order passed in writ and sought regularization of their services - posts are required to be filled up through selection by public service commission (psc) recruitment norms - candidates found eligible and selected and recommended for appointment by psc are required to be appointed - service of petitioners cannot be regularized in light of earlier decisions and his continued service for fourteen years - held, high court rightly directed government to notify vacancies and filled them up amongst candidates selected by psc. - central excise tariff act, 1985. schedule, heading 98.01: [s.h. kapadia & b. sudershan reddy, jj] exemption from duty - import of goods for expansion of fertilizer project - notification no. 11/97, dated 1.3.1997 - essentiality certificate dated 22.10.1997 assessees imported captive power plant essential for expansion essentiality certificate issued by sponsoring ministry recommended said captive power plant as part of entire capital goods required by the assessee-company for expansion held, where the list of items appended to certificate contained 14 items and 13 of them were accepted as capital goods, it cannot be said that sponsoring ministry had not applied its mind to list appended to the essentiality certificate. heading 98.01 is a specific and not a general entry. it is not residuary entry. it needs to be liberally interpreted as it deals with industrialization. it has to be read in the context of the notification referred above. fertilizer project is dependent on continuous flow of electricity, revenue cannot go behind such certificate and deny the benefit of exemption from duty. - under those circumstances, the candidates, who were found eligible and selected and recommended for appointment by the psc, were required to be appointed.1. the petitioners were appointed as field workers in the filaria department of the state government between 1981 and 1985. in the first instance, they had filed w.p. no. 250/92 and the high court directed the government to consider their representation and dispose it of by judgment dated january 18, 1993. when they came to this court, this court directed the government to consider their cases in the light of the law laid down by this court in state of haryana v. piara singh :[1982] 4 scc 118. subsequently, since the government had not taken any steps, the petitioners filed another writ petition. in the meanwhile, the public service commission (psc) had selected the candidates who were not being appointed. therefore, the selectees approaches the high court and filed the writ petition. the petitioners also filed the writ petition in the high court seeking for regularisation. the high court in the impugned order dated june 24, 1996 in o.p. no. 17422/93 dismissed the batch of the writ petitions filed by the petitioners, allowed the writ petitions filed by the selectees and directed the government to appoint the candidates selected through the psc. it also directed the government to send the requisition to the psc to fill up the posts of 30 vacancies from the list of the selected candidates prepared by the psc. thus this special leave petition.2. it is sought to be contended by mr. m.m. paikeday, learned senior counsel for the petitioners that in the light of the law laid down by this court in piara singh's case and in view of the fact that the petitioners have been continuing for more than 14 years, they are required to be regularised. we find no force in the contention. admittedly, the posts are to be filled up through selection by psc recruitment norms. necessarily, therefore, the requisition was sent for selection through the psc and candidates came to be selected. under those circumstances, the candidates, who were found eligible and selected and recommended for appointment by the psc, were required to be appointed. the court rightly had exercised the power in declining to regularise the services of the petitioners.3. the learned counsel sought to rely upon an order of the government where the government had decided to regularise the services of the ad hoc employees. obviously, since the decision runs into the teeth of statutory requirement under article 320 of the constitution the government cannot take any decision contrary to the constitution to regularise the services of the candidates de hors the recruitment rules and the statutory process for selection through the psc. the high court, therefore, has rightly given direction to the government to notify 30 vacancies and odd or whatever may be the vacancies existing to fill up from amongst the candidates selected by the psc.4. it is then contended that the petitioners have turned over-aged and, therefore, necessary direction may be given to regularise their service by filling up the unfilled posts. even that relief also cannot be granted. if the petitioners have turned over-aged on the date of recruitment, it would be for the appropriate government to relax the age requirement and the petitioners have to stand in the queue and get selection through the psc. thus what they get is only the right to appointment to the posts.5. the special leave petition is accordingly dismissed.