Resmi P.R v. Kerala Public Service Commission
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 35267 of 2014 (G) ---------------------------- PETITIONER:
------------------ RESMI P.R., AGED 29 YEARS, W/O. SREEKUMAR, RESIDING AT PEZHUMVILA VEEDU, KADAIKODU P.O., KAREEPRA VILLAGE, KOTTARAKKARA TALUK, PIN 691 505, KOLLAM DISTRICT.
BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENTS:
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1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN OFICE OF THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM 695 004.
2. THE KOLLAM DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, KOLLAM - 691 001.
3. RENJI B., CLERK, KERALA STATE CO OPERATIVE BANK LTD, HEAD OFFICE, THIRUVANANTHAPURAM.
R2 BY ADV. SRI.T.R.HARIKUMAR, SC, KOLLAM DISTRICT COOPERATIVE BANK LTD. R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC BY SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 35267 of 2014 (G) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - A TRUE OCPY OF THE SERVICE CERTIFICATE OF THE PETITIONER DT. 27.9.14 ISSUED BY THE ASSISTANT REGISTRAR (GENERAL) KOLLAM.
EXHIBIT P2 - A TRUE OF THE NOTIFICATION FOR SELECTION TO THE POST OF BRANCH MANAGER IN THE DISTRICT CO-OPERATIVE BANK ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P3 - A TRUE COPY OF THE RANK LIST NO. 721/14/SS II DT. 08.12.14 PUBLISHED BY THE FIRST RESPONDENT.
EXHIBIT P4 - A TRUE COPY OF THE REPRESENTATION DT. 17.12.14 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL
V. CHITAMBARESH, J -------------------------------- WP(C) NO. 35267 OF 2014 ------------------------------------ Dated this the 8th day of April, 2015
JUDGMENT
The inclusion of the third respondent in Ext.P3 rank list on the ground that he does not possess the prescribed qualification is impugned. The first respondent has filed a counter affidavit wherein it is inter alia averred as follows:
"7.
Later, Smt. Resmi.P.R., the writ petitioner raised a complaint against Sri. Renji. B alleging that he is now working as Junior Co-operative Inspector in Co-operative Department on relief from the service of the Primary Co-operative Society. Based on the above petition, the Commission directed Sri.
Renji. B to produce a certificate showing that he is in the service of the Society from the date of application to the date of issue of certificate. The Commission have also decided not to advise him for the post till a final decision is taken in the matter. Accordingly a Registered letter dated 09.03.2015 has been issued to him giving him 7 days time to produce the certificate."
2.
Interest of justice would be met by directing the first respondent to take a final decision after completing the enquiry within two months. No further directions are warranted since
WP(C) No. 35267/2014 the first respondent has already been alerted and is taking earnest efforts.
The Writ Petition is disposed of.
V. CHITAMBARESH JUDGE ncd