Nair vs Service Society Represented By Its General Secretary,

Anu Sivaraman, J

This writ petition is filed seeking the following prayer:

“(i) To issue a writ of mandamus or any other appropriate writ, order or direction to 1st respondent to nominate Government representative as sought for by

petitioner by Exhibit P9 within such time fixed by this Hon'ble Court not more than 10 days.â€​

Heard the learned counsel for the petitioner as well as the learned Additional Advocate General appearing for respondents 1 to 3.

It is submitted by the learned counsel for the petitioner that the petitioner is a Corporate Educational Agency which has been sanctioned with 52

vacancies as per the pre-revised workload by Ext.P4. It is submitted that selection process had been started for filling up the vacancies. However,

selection could be completed only in respect of 9 vacancies before 01.06.2020. Meanwhile, the Government revised the workload with retrospective

effect. However, the Government Order was modified and the revised workload was given effect from 01.06.2020 onwards. It is submitted that the

petitioner is entitled to carry out the selection process for the sanctioned vacancies excluding the 9 vacancies for which the selection has already been

completed before 01.06.2020. For this purpose, sanction was sought for deputing a Government Nominee for carrying out the selections. It is

submitted that though Ext.P9 request had been made by the petitioner before the Government, accompanied by all required details and with the

consent of the Government Nominee, the same has not been considered by the respondents so far. The petitioner, therefore, seeks deputation of the

Government Nominee for carrying out the selections in accordance with the revised workload.

The learned Additional Advocate General submits, on instructions, that the delay in completing the selection process was occasioned due to the

revision of the workload as also the pandemic situation prevalent in the State. It is submitted that the petitioner is required to assess the workload in

accordance with Exts.P3 and P7 and to submit a proposal showing the number of posts available by implementing the revised workload. It is submitted

that if such exercise is carried out by the petitioner, the process for selection can be proceeded and the Government Nominee will be deputed by the

Government without delay, after due verifications are carried out.

It is submitted by the learned counsel for the petitioner that the required exercise of identifying the available posts in terms of the revised workload

will be completed by the petitioner in 2 days and the proposal will be furnished before the 3rd respondent within 2 days.

The learned Additional Advocate General submits that some time is required for verification of the number of posts available in accordance with the

revised workload and that if such time is granted, the further exercise of deputation of Government Nominee will be carried out by the respondents.

Having considered the contentions advanced on both sides, this writ petition is disposed of with a direction to respondents 1 to 3 to carry out the

exercise of deputation of the Government Nominee without delay. The petitioner shall prepare a proposal showing the number of posts available as

per the revised workload to which selection is to be carried out and such proposal shall be made available before the 3rd respondent within one week

from today. The respondents shall take appropriate steps to verify the proposal so forwarded by the petitioner and shall take appropriate steps to

depute the Government Nominee for filling up the available posts within a period of one month thereafter.

This writ petition is ordered accordingly.