It is submitted that, on 18.07.2006
in W.P.(C) 18865/2006 an interim order was passed by the Hon'ble Court to
report vacancies of Draftsman Grade-I, with a rider that candidates need not be advised, until further orders. However on 26.10.2006 the writ petitioners in WP (C) No. 31525/2015 were
illegally appointed as Draftsman Grade-I, stating that such appointments are
made as per the directions contained in
the judgment in W.P.(C) No.18865/2006 and are subject to retrenchment, if
the posts are found excess in future. While dismissing the writ petition, the
interim order dated 18/7/2006 also was vacated.
As per the decision in State of Kerala v. Krishnakumar (2009(3)KLT 274)
the reporting of vacancies, issuance of advice and appointment to candidates
against such excess posts in violation of the rules and quota are per se
illegal and void abinitio. Therefore for
the said reason the writ petitioners who are said to be advised on 20.09.2006
are excess hands who are liable to be retrenched, as they are advised and
appointed the excess quota.
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