Kerala High Court
Dhanesh.K vs State Of Kerala on 5 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:67387
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024/14TH BHADRA, 1946
WP(C) NO. 39994 OF 2023
PETITIONER:
DHANESH.K
AGED 26 YEARS
S/O DAMODARAN P.K,
PATTEL KADAPPURAM, PADANNAKADUPURAM,
KASARAGOD, PIN - 671312
BY ADVS.
NAHAS H.
RIZWANA T.N
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA, PIN - 682031
2 KERALA PUBLIC SERVICE COMMISSION
THE SECRETARY THE KERALA PUBLIC SERVICE
COMMISSION,MG ROAD,PATTOM,T
HIRUVANATHAPURAM, PIN - 695004
3 KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD. MATSYAFED
REPRESENTED BY THE SECRETARY
MATSYAFED,KAMAESWARAM,MANACUD P.O,
TRIVANDRUM, PIN - 695009
2024:KER:67387
WP(C) No.39994 of 2023
2
BY ADVS.
SMT.MARY BEENA JOSEPH, SENIOR GOVENMENT PLEADER
SRI.P.C. SASIDHARAN, STANDING COUNSEL
SRI.T.P. PRADEEP, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:67387
WP(C) No.39994 of 2023
3
JUDGMENT
Dated this the 5th day of September, 2024 Pursuant to Ext.P2 notification issued by the Kerala Public Service Commission, the petitioner applied for selection and appointment to the post of Accountant Part II (Fishermen / Dependent of Fishermen Category) in the Kerala State Co-operative Federation for Fisheries Development Limited (MATSYAFED).
2. The application of the petitioner was rejected, for the reason that the dependency certificate produced by him is obtained only after the last date of receipt of the application. The petitioner states that the dependency certificate was uploaded by him correctly and within time. Aggrieved by the rejection of application and non inclusion in the rank list, the petitioner has preferred this writ petition.
2024:KER:67387 WP(C) No.39994 of 2023 4
3. A counter affidavit is filed on behalf of the Public Service Commission wherein it is stated that the admissibility of the petitioner's application was examined again and it was decided to accept the dependency certificate produced by him.
4. When the writ petition came up for further consideration today, the learned Standing Counsel for the Public Service Commission as well as the learned counsel for the petitioner submitted that the Public Service Commission has issued an addendum notification dated 29.08.2024 whereby the petitioner has been included in the Rank list (Main list) as Rank No.1A. The learned Standing Counsel also submitted that the appointments to the post will be made as per the rank of the candidates in the Rank list.
5. In the light of the addendum notification dated 29.08.2024 issued by the Public Service Commission, nothing survives to be considered in this writ petition.
2024:KER:67387 WP(C) No.39994 of 2023 5 Accordingly, the writ petition is disposed of. If the petitioner has got any further grievance as regards seniority or other matters pertaining to his service, it will be open to him to pursue the remedies in accordance with law.
Sd/-
MURALI PURUSHOTHAMAN JUDGE spk 2024:KER:67387 WP(C) No.39994 of 2023 6 APPENDIX OF WP(C) 39994/2023 PETITIONER EXHIBITS ExhibitP1 TRUE COPYOF THE DEGREE CERTIFICATE OF THE PETITIONER Exhibitp2 TRUE COPY OF THE NOTIFICATION CATEGORY NUMBER 218/2020 NUMBER DATED ON 16/11/2020 ExhibitP3 TRUE COPY OF THE NOTIFICATION CATEGORY NUMBER 230/2020 ASSISTANT GRADE 2 / JUNIOR DATED 16/11/2020 ExhibitP4 TRUE COPY OF THE NOTIFICATION, CATEGORY NUMBER 239/ 2020 FOR THE POST OF STORE KEEPER DATED 16/11/2020 ExhibitP5 TRUE COPY OF THE MAIN LIST CATEGORY NUMBER 218/2020 DATED 17/12/2022 ExhibitP6 TRUE COPY OF THE ADDENDUM NOTIFICATION DATED ON 13/02/2023 ExhibitP7 TRUE COPY OF THE ORDER DATED 21/08/2023 ExhibitP8 TRUE COPY OF THE RANK LIST IN CATEGORY NO. 230/2020 DATED 23/12/2022 ExhibitP9 TRUE COPY OF THE PSC PROFILE OF THE PETITIONER ExhibitP10 TRUE COPY OF THE MESSAGE FROM THE SECOND RESPONDENT ExhibitP11 TRUE COPY OF THE DEPENDENCY CERTIFICATE DATED ON 03/11/2022 2024:KER:67387 WP(C) No.39994 of 2023 7 ExhibitP12 TRUE COPY OF THE RTI DATED 10/08/2023 ExhibitP13 TRUE COPY OF THE REPLAY OF RTI DATED 11/09/2023 ExhibitP14 TRUE COPY OF THE FISHERMAN PASSBOOK OF THE PETITIONERS FATHER.
ExhibitP15 THE TRUE COPY OF THE REPRESENTATION FILED BEFORE THE SECOND RESPONDENT DATED 10/08/2023 Exhibit P16 THE TRUE COPY OF THE DEPENDENCY CERTIFICATE DATED 1.9.2022 ISSUED FROM VALIYAPARAMBA VILLAGE OFFICER Exhibit P17 THE TRUE COPY OF THE RANK LIST DATED 25.7.2023