High Court of KeralaWP(C)/4851/2015disposed of

Savin P.M v. Public Service Commission

2015-05-22Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 WP(C).No. 4851 of 2015 (F) --------------------------- PETITIONER:

------------------ SAVIN P.M., S/O. SATHYAN P.M., THIYAKKANDY HOUSE, VATTOLI BAZAR P.O., BALUSSERY, KOZHIKODE PIN - 673 623.

BY ADVS.SRI.DARSAN SOMANATH SRI.P.S.ANAGHAN RESPONDENTS:

-----------------------

1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, PATTOM, THIRUVANANTHAPURAM-695 004

2. KERALA STATE ROAD TRANSPORET CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR THIRUVANANTHAPURAM 695 001

3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001. R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4851 of 2015 (F) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE NOTIFICATION DATED 30.12.2009 EXHIBIT P2 :

TRUE COPY OF NATIONAL TRADE CERTIFICATE OF PETITIONER EXHIBIT P3 :

TRUE COPY OF THE EXPERIENCE CERTIFICATE OF PETITIONER DATED 13.8.2012 EXHIBIT P4 :

TRUE COPY OF RANK LIST PUBLISHED ON 23.10.2014 EXHIBIT P5 :

TRUE COPY OF REPLY FROM 1ST RESPONDENT DATED 12.1.2015 RESPONDENT(S)' EXHIBITS : NIL

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 4851 OF 2015 ------------------------------------ Dated this the 22nd day of May, 2015

JUDGMENT

There is nothing to show that the experience gained by the petitioner as a blacksmith (sheet metal worker) is in a service which is not continuous and is of casual nature. Ext.P3 experience certificate amply shows that the petitioner has been working continuously from 01.07.2006 to 16.06.2007 ofcourse on daily wages. The payment of wages on daily basis is not a taboo even as per the proforma of the experience certificate reflected in Ext.P1 notification.

I therefore direct the first respondent to reckon Ext.P3 experience certificate as valid and include the petitioner in the ranked list if otherwise eligible. This will not however affect the rank assigned to other candidates since they have not been impleaded in this writ petition.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd