High Court of KeralaWP(C)/33150/2014disposed of

Santhi G Nair v. Kerala Public Service Commission

2015-03-31Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 33150 of 2014 (P) ---------------------------- PETITIONER(S):

-------------------------- SANTHI G NAIR W/O.S.SURESH KUMAR, SUNIL NIVAS, ANAPPARA ANAPPARA P.O., VITHURA, THIRUVANANTHAPURAM - 695 551. BY ADVS.SRI.K.T.SHYAMKUMAR SRI.R.NARENDRAN NAIR SRI.HARISH R. MENON SMT.K.N.ABHA RESPONDENT(S):

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

1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTAM THIRUVANANTHAPURAM, PIN - 695 001.

2. KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695 033. Addl.3. PRAVEENKUMAR.V S/O.VELAPPAN, JUNIOR EXECUTIVE KERALA FINANCIAL CORPORATION, BRANCH OFFICE VALLAYAMBALAM, THIRUVANANTHAPURAM.

Addl.4. M.RAJALEKSHMI D/O.GOPINATHAN NAIR, JUNIOR EXECUTIVE KERALA FINANCIAL CORPORATION, HEAD OFFICE VALLAYAMBALAM, THIRUVANANTHAPURAM.

ADDL.R3 AND R4 ARE IMPLEADED AS PER ORDER DATED 19.01.2015 IN IA 240/15. R-R2 BY ADV. SRI.MILLU DANDAPANI,SC,K.F.C.

RADDL.3,R 4 BY ADV. SRI.D.KISHORE R BY SRI.P.C.SASIDHARAN, SC, KPSC R BY SRI.T.V.GEORGE, SC, KFC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33150 of 2014 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE MAIN LIST OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT FOR APPOINTMENT TO THE POST OF ASSISTANT MANAGER IN KERALA FINANCIAL CORPORATION.

EXT.P2: TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT UNDER THE RTI ACT DATED 13.5.2014 ALONG WITH ENGLISH TRANSLATION.

EXT.P3: TRUE COPY OF THE QUESTION AND THE INFORMATION OBTAINED UNDER THE RTI ACT FROM THE 2ND RESPONDENT AND THE ENGLISH TRANSLATION THEREOF.

RESPONDENT EXHIBITS :

------------------------ R2 EXHIBITS EXT.R2(A) TRUE COPY OF THE LETTER NO.PSL/1487/07 DT.19/4/2007 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXT.R2(b) TRUE COPY OF THE LETTER NO.KLR IV(1)335/08 DT.08/07/2010 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT EXT.R2(c) TRUE COPY OF THE LETTER NO.PSL/646/2011 DT.04/03/2001 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXT.R2(d) TRUE COPY OF THE LETTER NO.PSL/RS2002/1059/2013 DT.27/04/2013 WITH PROFORMA ISSUED TO THE 1ST RESPONDENT EXT.R2(e) TRUE COPY OF THE LETTER NO.PSL/RS2002/99/20134 DT.07/01/2014 WITH PROFORMA ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXT.R2(f) TRUE COPY OF THE LETTER NO.PSL/RS2002/2799/2014 DT.19/12/2014 WITH THE PROFORMA ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT ADDL.R4 EXHIBITS:

ANNEXURE-I TRUE COPY OF THE MEMO OF APPOINTMENT NO.PSL/2317/09 DT.7/7/2009 ISSUED BY THE GENERAL MANAGER OF THE 2ND RESPONDENT ANNEXURE-II TRUE COPY OF THE MEMO OF APPOINTMENT NO.PSL/2313/09 DT.07/07/2009 ISSUED BY THE GENERAL MANAGER OF THE 2ND RESPONDENT ANNEXURE-III TRUE COPY OF THE SERVICE ORDER NO.2144 DT.24.8.2012 OF THE 2ND RESPONDENT ANNEXURE-IV TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION OF THE 1ST RESPONDENT PUBLISHED AS CATEGORY NO.404/2007 ANNEXURE-V TRUE COPY OF THE NOTIFICATION NO.AV(2)4182/02/GW DT.28/03/2014 OF THE 1ST RESPONDENT.

ms \\TRUE COPY// P.S to Judge

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.33150/2014 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31st day of March, 2015

J U D G M E N T

The dispute in this matter pertains to the reporting of vacancies to the PSC by the second respondent before the expiry of the rank list. This Court passed an interim order on 18/12/2014 directing the respondents to file a statement answering the issues raised by the petitioner as to the number of existing vacancies.

The rank list got expired on 14/12/2014. It is submitted by the learned counsel for the second respondent that all the vacancies pursuant to the issuance of rank list were reported to the PSC. 3.

In the counter affidavit filed by the second respondent it is seen that the second respondent has reported 3 more vacancies on 19/12/2014.

W.P.(C).No.33150/2014 -:2:- 4.

In view of the fact that the list expired on 14/12/2014, the reporting of the vacancies after the expiry of the rank list has no significance. Accordingly, the writ petition is disposed of. No costs.

SD/- A.MUHAMED MUSTAQUE, JUDGE ms