Kerala High Court
Samesh K vs State Of Kerala on 16 August, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
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OP(KAT) No.97 of 2024 2024:KER:63976
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 16TH DAY OF AUGUST 2024 / 25TH SRAVANA, 1946
OP(KAT) NO. 97 OF 2024
AGAINST THE ORDER DATED 14.02.2024 IN OA NO.1554 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
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PETITIONERS:
1 SAMESH K., AGED 39 YEARS,
S/O.VELAYUDHAN, CIVIL EXCISE OFFICER, EXCISE CIRCLE
OFFICE TRIKKANDIYUR PO, TIRUR, MALAPPURAM
DIVISION:676104,RESIDING AT KATTUNGAL HOUSE,
CHETTIPADI P.O., MALAPPURAM, PIN - 676319.
2 SURYA S., AGED 35 YEARS,
W/O.SAJAN, WOMEN CIVIL EXCISE OFFICER,
EXCISE RANGE OFFICE ANCHAL P.O,
KOLLAM DIVISION:691306 RESIDING AT SURYA BHAVAN,
DECENT JUNCTION P.O., KOLLAM:691577
3 AKHIL R.S., AGED 31 YEARS,
S/O.RAJENDRAN C, CIVIL EXCISE OFFICER,
EXCISE RANGE OFFICE KAYAMKULAM, KAYAMKULAM P.O.,
ALAPPUZHA - 690502 RESIDING AT SASIDHARA VILASOM
BUNGLOW, THANDAPPARA, POOVACHAL P.O.,
THIRUVANANTHAPURAM, PIN - 695575.
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
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OP(KAT) No.97 of 2024 2024:KER:63976
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE COMMISSIONER OF EXCISE,
COMMISSIONERATE OF EXCISE, NANDAVANAM,
THIRUVANANTHAPURAM, PIN - 695033
3 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O,
THIRUVANANTHAPURAM, PIN - 695004.
4 SREELATHA K., WOMEN CIVIL EXCISE OFFICER,
EXCISE RANGE OFFICE, MANNARKKAD,PALAKKAD,
PIN - 678582.
5 SYAM KUMAR K., EXCISE INSPECTOR,
EXCISE CHECK POST, MAVILAKADAVU,
THIRUVANANTHAPURAM, PIN - 695133.
6 SANKAR P., CIVIL EXCISE OFFICER,
EXCISE RANGE OFFICE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695121.
7 JOMON GEORGE, CIVIL EXCISE OFFICER EXCISE
RANGE OFFICE, KUTTAMPUZHA, ERNAKULAM,
PIN - 686681.
8 SREEKANTH T.M., CIVIL EXCISE OFFICER,
EXCISE CIRCLE OFFICE, KOTTAYAM, PIN - 686001.
9 ANEESH JOSE, RESIDING AT KULATHINGAL HOUSE,
PANAMARAM P.O., WAYANAD, PIN - 670721.
BY ADVS.
ARAVINDA KUMAR BABU T.K.
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
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OP(KAT) No.97 of 2024 2024:KER:63976
FARAH JYOTHI PRADEEP(K/1240/2023)
BY SENIOR GOVERNMENT PLEADER, SRI.UNNIKRISHNA KAIMAL
BY SRI.P.C.SASIDHARAN, STANDING COUNSEL
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 16.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(KAT) No.97 of 2024 2024:KER:63976
JUDGMENT
This original petition under Article 227 of the Constitution of India is filed by the applicants in O.A.No.1554 of 2023 before the Kerala Administrative Tribunal, Thiruvananthapuram (for short, the Tribunal), aggrieved by the order dated 14.02.2024, issued by the Tribunal dismissing the original application filed by them. The respondents before the Tribunal are the respondents herein.
2. The short facts necessary for the disposal of this original petition are as follows:
The petitioners herein are Civil Excise Officers including Women Civil Excise Officers, working in the Excise Department under the State Government. They challenged the action of the Kerala Public Service Commission (KPSC) in extending the validity period of the ranked list for direct recruitment to the post of Excise Inspectors from among the officers in the Department against 10% to the vacancies and consequential advice and appointment of respondents 4 to 9 in the original application.5
OP(KAT) No.97 of 2024 2024:KER:63976
3. By the impugned order dated 14.02.2024, the Tribunal found that the extension of the ranked list was perfectly in order as the selection was not made for admission to any training posts. It is further found that the appellants herein do not have any right over the vacancies against which the party respondents were advised.
Finding thus, the original application was dismissed by the Tribunal.
4. It is aggrieved by the above order that the captioned original petition is filed under Article 227 of the Constitution of India.
5. Today, when this original petition is taken up for admission, the learned counsel for the petitioners submits that they may be permitted to withdraw this original petition.
In view of the above submission, this original petition is dismissed as withdrawn.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
HARISANKAR V. MENON, JUDGE ln 6 OP(KAT) No.97 of 2024 2024:KER:63976 APPENDIX OF OP(KAT) 97/2024 PETITIONER'S ANNEXURES:
ANNEXURE -A1 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31.12.2019 OF THE 3RD RESPONDENT, INVITING APPLICATIONS FOR THE POST OF EXCISE INSPECTOR (TRAINEE), AS CATEGORY NO.498/2019.
ANNEXURE -A2 TRUE COPY OF THE SHORT LIST SL.NO.139/2023/ER III DATED 31.07.2023 PUBLISHED BY THE 3RD RESPONDENT.
ANNEXURE -A3 TRUE COPY OF THE ADMISSION TICKET (PROVISIONAL) ISSUED TO THE 1ST APPLICANT.
ANNEXURE -A3(A) TRUE COPY OF THE ADMISSION TICKET (PROVISIONAL) ISSUED TO THE 2ND APPLICANT.
ANNEXURE -A4 TRUE COPY OF THE SPECIAL RULES FOR KERALA EXCISE & PROHIBITION SUBORDINATE SERVICE.
ANNEXURE -A5 TRUE COPY OF THE KERALA EXCISE AND PROHIBITION SUBORDINATE SERVICE (AMENDMENT) SPECIAL RULES 2015 NOTIFIED AS S.R.O.NO.669/2015 IN KERALA GAZETTE DATED 05.10.2015.
ANNEXURE -A6 TRUE COPY OF THE KERALA EXCISE AND PROHIBITION SUBORDINATE SERVICE (AMENDMENT) SPECIAL RULES 2017 NOTIFIED AS S.R.O.NO.491/2017 IN KERALA GAZETTE DATED 03.08.2017.
ANNEXURE -A7 TRUE COPY OF THE NOTIFICATION DATED 26.07.2016 INVITING APPLICATIONS FOR THE POST OF EXCISE INSPECTOR (TRAINEE) FROM PROBATIONERS IN THE CATEGORIES OF ASSISTANT EXCISE INSPECTOR, PREVENTIVE OFFICER AND CIVIL EXCISE OFFICER/WOMEN CIVIL EXCISE OFFICER AS CATEGORY NO.188/2016.
ANNEXURE -A8 TRUE COPY OF THE RANKED LIST NO.125/19/SS VI (CATEGORY NO.188/2016) FOR THE POST OF EXCISE INSPECTOR (TRAINEE) AND BROUGHT INTO FORCE 7 OP(KAT) No.97 of 2024 2024:KER:63976 WITH EFFECT FROM 21.02.2019.
ANNEXURE -A9 TRUE COPY OF THE NOTIFICATION NO.61 A(3) 11863/18/GW-1 DATED 19.06.2020 PUBLISHED BY THE 3RD RESPONDENT.
ANNEXURE -A10 TRUE COPY OF THE LETTER NO.IDS-
I(2)/2866/2023/GW DATED 27.07.2023 OF THE STATE PUBLIC INFORMATION OFFICER OF THE COMMISSION TO ONE SRI.ANIL KUMAR T., ALONG WITH THE COPIES OF THE NOTE FILE ATTACHED TO IT.
ANNEXURE A10(A) TRUE COPY OF THE APPLICATION DATED 03.07.2023 SUBMITTED BY SRI.ANIL KUMAR BEFORE THE STATE PUBLIC INFORMATION OFFICER, KERALA PUBLIC SERVICE COMMISSION.
ANNEXURE -A11 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 11.06.2015 INVITING APPLICATIONS TO THE POST OF EXCISE INSPECTOR AS CATEGORY NO. 171/2015 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE -A12 TRUE COPY OF THE ERRATUM NOTIFICATION NO.UFR 1(3) 4526/15/GW DATED 06.03.2018 ISSUED BY THE PSC.
ANNEXURE -A13 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANKED LIST NO.180/19/SS VI, PUBLISHED BY THE 3RD RESPONDENT FOR THE POST OF EXCISE INSPECTOR AND BROUGHT INTO FORCE WITH EFFECT FROM 14.03.2019.
ANNEXURE -A14 TRUE COPY OF THE FINAL ORDER DATED 12.08.2021 OF THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL IN O.A.NO.587/2020 ALONG WITH JOINING TOGETHER APPLICATION.
ANNEXURE -R4(A) TRUE COPY OF THE JUDGMENT DATED 26-10-2023 IN O.P. (KAT)NO. 479/2023.
ANNEXURE -R4(B) TRUE COPY OF THE ADVICE MEMO NO.
RIA(3)11863/2018/GW DATED 26-08-2023 OF THE 4TH RESPONDENT ISSUED BY THE KPSC.
ANNEXURE -R4(C) TRUE COPY OF THE ADVICE MEMO NO.
8OP(KAT) No.97 of 2024 2024:KER:63976 RIA(3)11863/2018/GW DATED 26-08-2023 OF THE 6TH RESPONDENT ISSUED BY THE KPSC.
ANNEXURE -R4(D) TRUE COPY OF THE ADVICE MEMO NO.
RIA(3)11863/2018/GW DATED 26-08-2023 OF THE 7TH RESPONDENT ISSUED BY THE KPSC.
ANNEXURE -R4(E) TRUE COPY OF THE ADVICE MEMO NO.
RIA(3)11863/2018/GW DATED 26-08-2023 OF THE 8TH RESPONDENT ISSUED BY THE KPSC.
ANNEXURE-R4(F) TRUE COPY OF THE APPOINTMENT CHART N. RIA(3)11863/2018/GW UNDER CATEGORY NOS. 171/2015 AND 188/2016 OF THE KPSC.
ANNEXURE -R4(G) TRUE COPY OF THE ORDER NO. EXC/4959/2023-XD5 DATED 6-11-2023 OF THE ADDITIONAL COMMISSIONER OF EXCISE (ADMN), THIRUVANANTHAPURAM.
ANNEXURE -A15 TRUE COPY OF THE NOTIFICATION PUBLISHED BY P.S.C. IN RESPECT OF CATEGORY NO. 498/2019 (RANKED LIST NO. 1072/2023/SSIV) WHICH CAME INTO FORCE ON 28-12-2023.
EXHIBIT -P1 TRUE COPY OF THE ORDER DATED 14-02-2024 IN O.A.NO. 1554/2023.
EXHIBIT -P2 TRUE COPY OF THE O.A.NO. 1554/2023.
EXHIBIT -P3 TRUE COPY OF THE M.A.NO. 2169/2023 FILED BY RESPONDENTS 4, 6, 7 AND 8 IN O.A. NO. 1554/2023 FOR VACATING THE INTERIM ORDER.
EXHIBIT -P4 TRUE COPY OF THE M.A.NO. 151/2024 IN O.A.NO.
1554/2023 TO ACCEPT DOCUMENT FILED BY THE PETITIONER.
EXHIBIT -P5 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN O.A. 1554/2023.
EXHIBIT -P6 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 6TH RESPONDENT I O.A.NO. 1554/2023.