Sreejith R.S. v. The Secretary, Kerala Psc

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 8945 of 2015 (P) --------------------------- PETITIONER(S):

----------------- SREEJITH R.S., AGED 30 YEARS S/O.K SASI, SASI SADANAM, PUNNOOR THADATHARIKATH VEEDU KARAKULAM P.O, THIRUVANANTHAPURAM BY ADV. SRI.H.SHAJILKHAN RESPONDENT(S):

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1. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM 695 004

2. ASST.LABOUR OFFICE,ATTINGAL,THIRUVANANTHAPURAM PIN 695 101

3. ADMINISTRATIVE OFFICER KSRTC,PAPPANAMKODE,THIRUVANANTHAPURAM - 695 008. R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

R BY SRI.P.C.SASIDHARAN, SC, KPSC R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8945 of 2015 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT P1 TRUE COPY OF NOTIFICATION PUBLISHED BY 1ST RESPONDENT DATED 30/12/2009 EXHIBIT P2 TRUE COPY OF SHORTLIST PUBLISHED BY 1ST RESPONDENT DATED 17/01/2014 EXHBIIT P3 TRUE COPY OF INTIMATION LETTER ISSUED BY THE 1ST RESPONDENT DATED 30/01/2014 EXHIBIT P4 TRUE COPY OF SSLC CERTIFICATE OF THE PETITIONER EXHBIIT P5 TRUE COPY OF NATIONAL TRADE CERTIFICATE EXHBIIT P6 TRUE COPY OF EXPERIENCE CERTIFICATE ISSUED BY THE 3RD RESPONDENT EXHBIIT P7 TRUE COPY OF RANK LIST CAME INTO EFECT ON 23/10/2014 EXHBIIT P8 TRUE COPY OF WITHHELD LIST EXHIBIT P9 TRUE COPY OF REPRESENTATION MADE BY THE PETITIONER EXHBIIT P10 TRUE COPY OF REJECTION LETTER ISSUED BY THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS :

------------------------------ EXT.R1(a) TRUE COPY OF THE JUDGMENT IN OP(KAT) 3013 OF 2014. //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.8945 of 2015 --------------------- Dated this the 30th day of March, 2015

J U D G M E N T

The issue is covered by the judgment dated 12.3.2015 in W.P(C) No.33110/2014. An attempt is made to distinguish this case contending that the petitioner was on empanelled basis only. Empanelled basis only means that the petitioner was chosen from the panel of Blacksmiths maintained. The stint of service has been reckoned only with reference to the number of actual days worked. I do not find any reason to discard the experience certificate relied on by the petitioner. Only the subjective satisfaction of the countersigning officer that matters in cases of this nature.

2. The judgment in W.P.(C) No.33110/2014 concluded as follows:- "5. I do feel that the petitioners cannot be eschewed from the zone of consideration on that count. The experience certificates produced by them shall be treated as valid for the recruitment in question. The name of the petitioners shall be included in the ranked list published by the Kerala State Road Transport Corporation. This however shall not affect the position of the persons already included in the ranked list. This

W.P (C) No.8945/2015 is because none of the persons in the ranked list have been included in a representative capacity."

3. The same directions will govern the case of the petitioner also.

The Writ Petition is disposed of accordingly. Sd/- V.CHITAMBARESH, Judge.

nj.