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High Court of KeralaWP(C)/31841/2014dismissed

Sojin P.D v. Kerala Public Service Commission

2015-11-17Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 31841 of 2014 (E) ---------------------------- PETITIONER(S)/PETITIONER:

------------------------------------------------ SOJIN P.D AGED 51 YEARS S/O.P N DAMODARAN, I GRADE DRIVER KERALA STATE ROAD TRANSPORT CORPORATION ERNAKULAM DEPOT, KOCHI-35, (RESIDING AT PUTHENVEEDU HOUSE ANANDAPURAM, COMBARA, KOCHI-18) BY ADV. BABU JOSEPH KURUVATHAZHA ABHILASH P.T RESPONDENT(S)/RESPONDENTS:

---------------------------------------------------- KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM-695004 REPRESENTED BY ITS SECRETARY R BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.

31841 of 2014 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:-TRUE PHOTOCOPY OF THE FIRST PAGE OF THE SSLC BOOK OF THE PETITIONER P2:-TRUE PHOTOCOPY OF THE MARK PAGE OF THE SSLC BOOK OF THE PETITIONER P3:-TRUE COPY OF THE RELEVANT PORTION OF THE MEMO DTD 6/11/1999 ISSUED BY THE RESPONDENT,WITH ENGLISH TRANSLATION 4:-TRUE COPY OF THE PROCEEDING DTD 22/6/2000 OF THE RESPONDENT, WITH ENGLISH TRANSLATION P5:-TRUE COPY OF THE MEMORANDUM NO PLA 6/026300/2000 DTD 7/7/2000 ISSUED BY THE KERALA STATE ROAD TRANSPORT CORPORATION P6:-TRUE COPY OF THE NON CREMY LAYAR CERTIFICATE DTD 13/9/2007 ISSUED BY THE VILLAGE OFFICER, ERNAKULAM P7:-TRUE COPY OF THE REPRESENTATION DTD 26/2/2008 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT, WITH ENGLISH TRASLATION P8:-TRUE COPY OF THE LETTER DTD 29/7/2008 ISSUED BY THE RESPONDENT WITH ENGLISH TRANSLATION P9:-TRUE COPY OFF THE REPRESENTATION DTD 11/8/2008 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT, WITH ENGLISH TRANSLATION P10:-TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE FOR PHYSICALLY HANDICAPPED PERSON DTD 28/11/2013, PERTAINING TO THE TREATMENT OF ELDER DAUGHTER OF THE PETITIONER RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 31841 of 2014 --------------------------------------- Dated this the 17th day of November, 2015

JUDGMENT

The petitioner challenges the seniority assigned to him in service way back in the year 2000. The petitioner was evidently not extended the benefit of communal reservation for failure to produce the non-creamy layer certificate in time. The parties are at variance as to whether such certificate was in fact produced in time or not and the statement in Ext.P8 communication is to the effect that the petitioner did not.

2.

The seniority assigned to the petitioner cannot be reopened at this point of time. The issue is covered by judgment in W.A.No.1552/2012 rendered by the Division Bench of this Court. The seniority of several other persons would be adversely affected if the relief sought in the writ petition is granted. But the petitioner has not impleaded any one of the affected parties in the writ petition. I do not

W.P(C)No.31841/2014 find any ground to grant the reliefs to the petitioner in exercise of the jurisdiction under Article 226 of the Constitution of India.

The writ petition is dismissed.

V.CHITAMBARESH, JUDGE sks