Kerala High Court
Stalin.H vs Kerala Public Service Commission on 14 May, 2010
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
TUESDAY, THE 21ST DAY OF AUGUST 2012/30TH SRAVANA 1934
WP(C).No. 14832 of 2012 (D)
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PETITIONER(S):
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1. STALIN.H., S/O. HENRY, PALLATHUKIZHAKKATHIL, SINKARAPPALLY
KODUVILA P.O., EAST KALLADA, KOLLAM, PIN-691502.
2. V.K.GIREESH LAL, AGED 38 YEARS, S/O. R.KARUNAKARAN PILLAI
THEKKEVEETTIL PADINJATTAHIL, PANAYAM P.O., PERINAD
KOLLAM, PIN-691601.
3. JAHEERKHAN H.R.
S/O. HANEEFA RAWTHER, KODAMTHOPPIL HOUSE, KAMPALADY
PORUVAZHAY P.O., KOLLAM-690520.
4. AJITH KUMAR K.S., AGED 36 YEARS
S/O. B.SREEDHARAN, AJITH BHAVAN, PALLISSERIKKAL P.O.
SASTHAMCOTTA, KOLLAM-690521.
BY ADVS.SRI.BINU GEORGE
SMT.HEMALATHA
RESPONDENT(S):
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1. KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM
THIRUVANANTHAPURAM.
2. CHIEF EXECUTIVE OFFICER, KERALA HEAD LOAD WORKERS WELFARE
FUND BOARD, P.B.NO. 2017, SRM ROAD, ERNAKULAM, PIN-682018.
3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY
DEPARTMENT OF LABOUR &REHABILITATION
THIRUVANANTHAPURAM.
R1 BY ADV. SR.P.C.SASIDHARAN, SC, KPSC
BY ADV. SRI.KOSHY GEORGE
BY ADV. SRI.AJITH PRAKASH, SC, KHWWB
BY GOVERNMENT PLEADER SMT.M.J.RAJASREE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.14832/2012
APPENDIX
PETITIONER(S) EXHIBITS
P1:- COPY OF THE KERAL HEAD LOAD WORKERS WELFARE BOARD STAFF
(APPOINTMENT, SERVICE CONDITIONS, CODE AND CONDUCT) RULES 2002.
P2:- COPY OF THE NOTIFICATION DATED 14-05-2010 ISSUED BY THE KERALA PUBLIC
SERVICE COMMISSION.
P3:- COPY OF THE LETTER DATED 18-01-2011 ADDRESSED TO 2ND PETITIONER.
P4:- COPY OF THE REPRESENTATION DATED 17-03-2012 BEFORE THE KERALA PUBLIC
SERVICE COMMISSION.
RESPONDENTS' EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
S. SIRI JAGAN, J.
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W.P.(C)No.14832 of 2012
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Dated this the 21st day of August, 2012
J U D G M E N T
The petitioners are category 'C' employees of the Kerala Head Load Workers Welfare Fund Board and are applicants for appointment by transfer to the post of L.D. Clerk. But for being appointed by transfer to the post of L.D. Clerk, the petitioners have to pass an eligibility test to be conducted by the Kerala Public Service Commission with minimum 40% marks. The petitioners' grievance in this writ petition is that the eligibility test is not being conducted by the PSC.
I directed the learned Standing Counsel for the PSC to get instructions as to within what time the PSC can conduct the eligibility test for appointment of L.D. Clerk in the Kerala Head Load Workers Welfare Fund Board. Today the learned Standing Counsel for the PSC submits that the test can be conducted within six months. Accordingly, this writ W.P.(C)No.14832 of 2012 -2- petition is disposed of with a direction to the 1st respondent to see that the eligibility test for petitioners and other employees for appointment by transfer to the post of L.D Clerk in the Kerala Head Load Workers Welfare Fund Board is conducted, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment.
Sd/-
S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/