Kerala High Court
Revathy V.S vs Kerala Public Service Commission on 9 July, 2019
Bench: V.Chitambaresh, Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
OP(KAT).No.168 of 2019
AGAINST THE ORDER DATED 05-03-2019 IN OA (EKM)2342/2018
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
(ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT IN THE O.A.:
REVATHY V.S.,AGED 26 YEARS,
W/O. VIPINDAS, MARASSARY,
VIYYUR, MUNDOOR P.O.,KIRALOOR,
THRISUSR, KERALA 680 574,
MOBILE NO. 9961919448.
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
RESPONDENTS/RESPONDENTS IN THE O.A.:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
P.S.C OFFICE, PATTOM,
THIRUVANANTHAPURAM 695 004, KERALA.
2 THE SECRETARY,
KERALA PUBLIC SERVICE COMMISSION,
P.S.C OFFICE PATTOM,
THIRUVANANTHAPURAM KERALA, 695 004.
3 STATE OF KERALA REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION (H.C.) DEPARTMENT, GOVERNMENT
SECRETARIAT THIRUVANANTHAPURAM , KERALA 695 001.
4 THE DIRECTOR,DIRECTOR OF VOCATIONAL
HIGHER SECONDARY EDUCATION,
THIRUVANANTHAPURAM, KERALA 695 001.
SRI.P.N.SANTHOSH-SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD
ON 05.07.2019, THE COURT ON 09.07.2019 DELIVERED THE FOLLOWING:
OP(KAT) No.168/2019
2
"C.R."
JUDGMENT
Chitambaresh, J.
The recruitment is to the post of Laboratory Technical Assistant - Agriculture (Nursery Management and Oriental Gardening) in the Kerala Vocational Higher Secondary Education Department. The candidate having rank No.14 in the ranked list published by the Kerala Public Service Commission did not join duty as she got employment in the Agriculture Department. The candidate having rank No.15 also did not join duty as he had relinquished his claim for appointment in the requisite proforma which was accepted by the Kerala Public Service Commission.
2. The State Government at that point of time halted filling up of further vacancies till the implementation of the National Skill Qualification Frame Work in the Vocational Higher Secondary Schools. The ban order of the State can operate only in regard to filling up of future vacancies and not to the vacancies to which the candidates have already been advised for appointment. The order dated 09.05.2018 OP(KAT) No.168/2019 3 of the Education Department intimating the ban comes long after 19.03.2018 and 10.04.2018 which were the dates of reporting of vacancies and advise.
3. The following observations in Indian Bank v. Jayasree [1998 (2) KLT 464 (DB)] is apposite:
"It is not a question of any appointment of an existing vacancy or appointment in a fresh vacancy. Therefore, in our opinion the restrictions imposed by the Reserve Bank of India will not apply to the case on hand. In this case, the recruitment was already over. Out of the 15 candidates recruited, one did not join duty and this vacancy has to be treated as a non joining duty vacancy and therefore it is not a fresh vacancy." (emphasis supplied) The ban order would have little impact on the two candidates having rank Nos.14 and 15 had they joined duty in the normal course and the vacancies resultant on their refusal are not to be treated as fresh ones.
4. The petitioner who holds rank No.16 in the ranked list published by the Kerala Public Service Commission is the next eligible candidate to be advised for appointment to the vacancies. The Kerala Administrative Tribunal was not justified in observing that the policy of the OP(KAT) No.168/2019 4 State Government to keep in abeyance the selection process cannot be interfered with. We set aside the impugned order of the Kerala Administrative Tribunal and direct the respondents to complete the process of appointment for vacancies that arose before 09.05.2018.
The original petition is allowed. No costs.
Sd/-
V. CHITAMBARESH JUDGE Sd/-
ASHOK MENON JUDGE ncd OP(KAT) No.168/2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.A. EKM NO. 2342 OF 2018 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
EXHIBIT P1 A1 TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE 1ST RESPONDENT IN THE GAZETTE DATED 13.5.2014 FOR CATEGORY NO 128/2014.
EXHIBIT P1 A2 TRUE COPY OF THE RANKED LIST NO.
462/17/ERI PUBLISHED BY THE 1ST RESPONDENT IN CATEGORY NO. 128/2014 WITH EFFECT FROM 9.5.2017.
EXHIBIT P1 A3 TRUE COPY OF THE APPOINTMENT CHART ISSUED BY THE REGIONAL OFFICER, KOLLAM OF THE 1ST RESPONDENT.
EXHIBIT P1 A4 TRUE COPY OF THE APPOINTMENT ORDER NO. E6/1445/2015 DATED 7.6.2018 ISSUED BY THE 4TH RESPONDENT TO MRS. REKHA.V.R. NAIR.
EXHIBIT P1 A5 TRUE COPY OF THE AFFIDAVIT DATED 28.11.2017 GIVEN TO THE 1ST RESPONDENT BY MRS. REKHA V.R. NAIR.
EXHIBIT P1 A6 TRUE COPY OF THE REQUEST GIVEN BY SINDHU.M. TO THE 1ST RESPONDENT DATED 18.6.2018.
EXHIBIT P1 A7 TRUE COPY OF THE LETTER ISSUED BY THE PRINCIPAL OF G.V. H.S.S PUDUKAD TO THE 4TH RESPONDENT DATED 10.8.2018. EXHIBIT P1 A8 TRUE COPY OF THE LETTER NO.
155/S.C3/2018/G.EDN. DATED 14.6.2018 ISSUED BY THE 3RD RESPONDENT TO THE 3ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPLY DATED OP(KAT) No.168/2019 6 15.12.2018 SERVED BY THE PUBLIC INFORMATION OFFICER IN THE P.S.C EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT IN O.A. EKM NO. 1461/2018 DATED 21.12.2018. EXHIBIT P4 TRUE COPY OF THE ADOPTION MEMO FILED BY THE 1ST RESPONDENT ADOPTING EXT. P3 REPLY.
EXHIBIT P5 TRUE COPY OF THE COMMON ORDER DATED 5.3.2019 OF THE HONBLE TRIBUNAL IN O.A. EKM NO. 2342/2018.