Kerala High Court
Kerala Public Service Commission vs Lijith V.K on 25 March, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) No.330/2024 1/5 Order Date : 25-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
Tuesday, the 25th day of March 2025 / 4th Chaithra, 1947
IA.NO.2/2025 IN OP(KAT) NO. 330 OF 2024
OA (EKM) 1286/2020 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
(ADDITIONAL BENCH, ERNAKULAM)
APPLICANT/ADDIL.13TH RESPONDENT SOUGHT TO BE IMPLEADED SOUGHT TO BE IMPLEADED
KAPIL DEV V.D, S/O DEVADAS, VATTAPARAMBIL HOUSE, G.S. SADAN PO,
LAKKIDI, PALAKKAD, (SOUGHT TO BE IMPLEADED)
RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 12:
1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,
PATTOM P.O., THIRUVANANTHAPURAM, KERALA, PIN-695004
2. LIJITH V.K, AGED 38 YEARS, S/O. KRISHNANUNNI NAIR T., KOLLARUKANDY
HOUSE, PANAYI, KOKKALLUR P.O., KOZHIKODE, KERALA MOBILE-9446694876,
PIN-673612
3. PRASANTH K., AGED 33 YEARS, S/O KRISHNAN R. (LATE), KRISHNAKRIPA,
PRATHEEKSHA NAGAR, CHUNGAM, PIRAYIRI, PALAKKAD, KERALA, PIN 678019
4. BIJESH V.P, AGED 35 YEARS, S/O BHASKARAN V.P, VADAKKAEPURACKAL
HOUSE, KADAMBUR P.O. OTTAPPALAM VIA, PALAKKAD, KERALA, PIN-679515
5. DHANUSH P., AGED 32 YEARS, S/O RAVICHANDRAN P, PARUTHIPARAMMAL
HOSUE, VELLALASSERY P.O, KOZHIKODE, KERALA, PIN-673601
6. ANUSHA P.A, AGED 27 YEARS, D/O ANILKUMAR, AKSHAYA, KARUVISSERI,
KOZHIKODE, KERALA, PIN-673010
7. ABDUL SHAMEER.M, AGED 28 YEARS, S/O MEERANKUTTY P.A, PAZHAYANNUR,
KALLEPADAM, THRISSUR, KERALA, PIN-680587
8. PRINCY K.M, AGED 27 YEARS, D/O BABU K.M, KARIMBINMOOLAYIL HOUSE,
MANNIKOTTOOR P.O, KODUVALLY VIA, NARIKKUNNI, KOZHIKODE, KERALA,
PIN-673572
9. PRENEESH C.P, AGED 37 YEARS, S/O PREAMAN P.P, PREMNIVAS,
POOVATHPADICKAL HOUSE, KANNANKURA (VIA), CHELANNUR, KOZHIKODE,
KERALA, PIN-673616
10. STATE OF KERALA, REPRESENTED SECRETARY TO GOVERNMENT, PERSONNET AND
ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
11. THE CHIEF ENGINEER, (ADMINISTRATION) PUBLIC WORKS DEPARTMENT, PUBLIC
OFFICE BUILDINGS, THIRUVANANTHAPURAM KERALA, PIN-695033
12. THE CHIEF ENGINEER (IRRIGATION AND ADMINISTRATION) DEPARTMENT OF
IRRIGATION, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM, KERALA,
PIN-695033
13. THE CHIEF ENGINEER, HARBOUR ENGINEERING DEPARTMENT, MANACAUD P.O,
THIRUVANANTHAPURAM, KERALA, PIN-695009
OP(KAT) No.330/2024 2/5 Order Date : 25-03-2025
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to appoint the
petitioner herein as Draftsman Grade III, Overseer Grade III
(Civil/Tracer) in the Harbour Engineering Department based on Ext R13(b)
advice memo, pending disposal of OP(KAT).
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. NEENU PAVITHRAN & MEGHA SAJEEVAN, Advocates for the petitioner and
SHRI. P.C.SASIDHARAN, STANDING COUNSEL for R1, the court passed the
following:
OP(KAT) No.330/2024 3/5 Order Date : 25-03-2025
A. MUHAMED MUSTAQUE & P. KRISHNA KUMAR , JJ.
IA No.2 of 2025 in OP (KAT)No.330 of 2024
---------------------------------------------------------
Dated this the 25th day of March, 2025
ORDER
A.Muhamed Mustaque, J.
The petitioner in this Interlocutory Application is a person with disability (PWD) candidate. The petitioner is aspiring for appointment to the post of Draftsman Gr.III/Overseer Grade-III (Civil/Tracer) in the quota earmarked for persons with disability.
2. The main dispute in this case is with regard to the eligibility of the Degree holders for appointment to the above post. In an application filed by the ITI holders, the Tribunal took the view that Degree holders and Diploma holders are not eligible to apply. This is the subject matter to be decided. With regard to the qualification of ITI holders, there is no dispute.
3. The petitioner's case is that in view of the stay granted by this Court, the petitioner has not been appointed on the basis of his advice. The PSC issued advice memo on 16.03.2024. We make it clear that the interim order passed OP(KAT) No.330/2024 4/5 Order Date : 25-03-2025 IA No.2 of 2025 in 2 OP (KAT)No.330 of 2024 by this Court staying the order of the Tribunal in no way would affect the right of the petitioner namely Kapil Dev V.D. for appointment to the post of Draftsman Grade III/Overseer Grade-III (Civil/Tracer) in Harbour Engineering Department based on the advice memo issued by the PSC, and the appointing authority shall proceed with the appointment not withstanding the stay granted in the matter. Needful shall be done by the appointing authority, at any rate, within two weeks. Any such appointment of the petitioner will be subject to the outcome of challenge made before this Court.
Post on 28.05.2025.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE Sd/-
P. KRISHNA KUMAR, JUDGE MJL OP(KAT) No.330/2024 5/5 Order Date : 25-03-2025 APPENDIX OF OP(KAT) 330/2024 Exhibit R13(a) TRUE COPY OF THE DISABILITY CERTIFICATE NO.930/2013 DATED 21.08.13 ISSUED BY DISTRICT HOSPITAL, PALAKKAD Exhibit R13(b) TRUE COPY OF THE ADVICE MEMO NO.R1A(2) 4149/20/GW DATED 16.03.2024 ISSUED BY THE PUBLIC SERVICE COMMISSION Exhibit R13(c) TRUE COPY OF THE LETTER NO.R1A(2) 4149/20/GW DATED 26.06.24 (WRONGLY QUOTED AS 26.06.23) ISSUED BY THE PUBLIC SERVICE COMMISSION Annexure A1 TRUE COPY OF NOTIFICATION DATED 26.07.2018 UNDER CATEGORY NO. 85/2018 ISSUED BY THE 5TH RESPONDENT. Annexure A2 TRUE COPY OF NOTIFICATION DATED 29.12.2018 UNDER CATEGORY NO. 247/2018 ISSUED BY THE 5TH RESPONDENT. Annexure A3 TRUE COPY OF NOTIFICATION DATED 29.12.2018 UNDER CATEGORY NO. 305/2018 ISSUED BY THE 5TH RESPONDENT. Annexure A4 TRUE COPY OF RELEVANT EXTRACT OF THE ADMISSION TICKET OF THE 3RD APPLICANT Annexure A5 TRUE COPY OF QUERY UNDER RTI ACT SUBMITTED SRI. SHIJIN M.U. Annexure A6 TRUE COPY OF REPLY LETTER NO. IDSI(4)/437/2020/GW DATED 25.02.2020 ISSUED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE 5TH RESPONDENT Annexure A7 TRUE COPY OF PROBABILITY LIST NO. 33/2020/ERIV DATED 24.11.2020 FOR SELECTION TO THE POST OF DRAFTSMAN GRADE III (CIVIL) OVERSEER GRADE III (CIVIL)/ TRACER IN HARBOUR ENGINEERING DEPARTMENT Annexure A8 TRUE COPY OF PROBABILITY LIST NO. 31/2020/ERXV DATED 16.11.2020 FOR SELECTION TO THE POST OF GRADE III OVERSEER / TRACER IN PUBLIC WORKS/ IRRIGATION DEPARTMENT Annexure A9 TRUE COPY OF RANK LIST NO. 130/2021/ERXV DATED 13.04.2021 FOR THE POST OF III GRADE OVERSEER/TRACER IN PUBLIC WORKS/IRRIGATION DEPARTMENT DATED 13.04.2021 ISSUED BY THE 5TH RESPONDENT Annexure A10 TRUE COPY OF RANKED LIST NO. 159/2021/ERVI DATED 26.04.2021 FOR THE POST OF DRAFTSMAN GRADE III (CIVIL) OVERSEER GRADE III(CIVIL)/TRACER IN HARBOUR ENGINEERING DEPARTMENT DATED 26.04.2021 ISSUED BY THE 5TH RESPONDENT Exhibit P 1 TRUE COPY OF THE O.A (EKM) NO. 1286/2020 FILED BY THE APPLICANTS BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Exhibit P2 TRUE COPY OF THE M.A. (EKM) NO. 507/2021 DATED 27.01.2021 Exhibit P3 TRUE COPY OF THE SAID M.A. (EKM) 206 OF 2021 DATED 27.01.2021 Exhibit P4 . A TRUE COPY OF THE SAID REPLY STATEMENT DATED 25.01.2021 Exhibit P5 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS IN O.A. (EKM.) NO. 1286/2020 DATED 19.01.2021 Exhibit P6 A TRUE COPY OF THE COMMON ORDER IN O.A (EKM) 1286 OF 2020 DATED 06.02.2024