Kerala High Court
Harish Kumar.K.A vs The Kerala State Beverages Corporation ... on 25 October, 2018
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY ,THE 25TH DAY OF OCTOBER 2018 / 3RD KARTHIKA, 1940
WP(C).No. 23675 of 2018
PETITIONER/S:
1 HARISH KUMAR.K.A.
AGED 37 YEARS
S/O. APPUKUTTAN K.K, VALLUVALLY, KOONAMMAVU P.O,NORTH
PARAVUR 683513(RANK NO. 38 SUPPLEMENTARY)
2 MANU P
S/O. PUSHKARAN, THACHIRAZHIKATHU,
NADUVATHUCHERRY,CHAVARA LUIS P.O, KOLLAM 694 584
(RANK NO. 151 OEC EZHAVA SUPPLEMENTARY)
3 RAMESH C.K
S/O. KRISHNANKUTTY,CHENNAMKUNNU HOUSE,
KIZHAKKUMPURAM, MANNUR, PALAKKAD 678 642,
(RANK NO. 20 EZHAVA SUPPLEMENTARY)
4 JOSE PRAKASH C.P
CHALATHARA HOUSE, POLLETHAI P.O, ALAPPUZHA 688 522,
(RANK NO. 23 LC SUPPLEMENTARY)
5 SUNIL V.R
VADAKKEPARMBIL,PARAYAKAD, NORTH PARAVOOR P.O,
ERNAKULAM (RANK NO. 7 EZHAVA SUPPLEMENTARY)
6 KOCHANIYAN C.K
CHATHATE HOUSE, KARUVAN KAD P.O,PIN-KUNNUKAD,
THRISSUR (RANK NO. 183 SC SUPPLEMENTARY)
7 BIJESH P
POTHENCHERI (H),CHETTIPADI P.O, MALAPPURAM 676 319
(RANK NO. 27 EZHAVA SUPPLEMENTARY)
WP(C).No. 23675 of 2018
2
8 NASSAR K
GULSAM MANZIL, NAGARPADAM, MEENKARA P.O,
PALAKKAD 678 507 (RANK NO. 188 MUSLIM SUPPLEMENTARY)
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SRI.S.SUJIN
RESPONDENT/S:
1 THE KERALA STATE BEVERAGES CORPORATION LTD.
THIRUVANANTHAPURAM 695 030, REPRESENTED BY ITS
MANAGING DIRECTOR
2 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
PATTOM,THIRUVANANTHAPURAM 695 001
3 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM 695 001.
BY ADVS.
SRI.NAVEEN.T., SC
OTHER PRESENT:
SRI.P.C.SASIDHARAN,SC,PSC,
SRI.BIJOY CHANDRAN,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23675 of 2018
3
J U D G M E N T
Petitioners are candidates included in the Supplementary List of various communities, in the rank list for appointment to the post of Helper/Peon in the Kerala State Beverages Corporation-the first respondent. They claim that respondents had created 106 supernumerary posts, but even after appointment to those posts, there are several NJD vacancies in the Corporation, against which they are liable to be advised and appointed.
2. Admittedly, the rank list which came into force on 27.12.2013, expired on 26.12.2016.
3. First respondent has filed a counter affidavit, pointing out that the supernumerary vacancies had to be created on account of Ext.P1 judgment when the prohibition against the female candidates for appointment in FL1 shops was set aside by this Court and the female candidates who were ranked above the male candidates who were WP(C).No. 23675 of 2018 4 already appointed had to be accommodated. In order to comply with the judgment, the available vacancies were reported to the PSC and thereafter, 106 supernumerary posts were created in order to accommodate the male candidates who were appointed, but were ranked below the female candidates. It is stated that PSC has already advised candidates against all these vacancies and the first respondent has made appointments of the candidates advised.
4. Petitioners are candidates included in the supplementary list. They cannot have any right to seek any direction to report any NJD vacancies to the PSC for appointment from a rank list which has already expired on 26.12.2016. The supernumerary vacancies were created only to comply with Ext.P1 judgment and to accommodate the candidates in accordance with their rank, in rectification of the illegality found by this Court. Ext.P1 judgment does not give rise any claim for candidates like petitioners. WP(C).No. 23675 of 2018 5
In the above circumstances, petitioners cannot have any valid claim for appointment against the vacancies, if at all there are any NJD vacancies. In case petitioners are found eligible, they will be free to submit applications as and when a notification is issued by the PSC for fresh appointments.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE.
AS WP(C).No. 23675 of 2018 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 13- 12-2016 IN WP(C) NO. 12956 OF 2014 PASSED BY THIS HON'BLE COURT EXHIBIT P2 TRUE COPY OF THE SUPPLEMENTARY LIST DATED 28-12-2013 PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 13- 12-2016 IN WP(C) NO. 8834 OF 2016 PASSED BY THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER DATED 5.6.2018 ISSUED BY THE ADDITIONAL SECRETARY, GOVERNMENT OF KERALA.
EXHIBIT P5 TRUE COPY OF THE PETITION PREFERRED UNDER THE RIGHT TO INFORMATION ACT DATED 16.8.2017 BY THE 7TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPLY DATED 27.2.2018 ISSUED TO THE 7TH PETITIONER BY THE IST RESPONDENT RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 A TRUE COPY OF THE LIST OF CANDIDATES ADDITIONALLY INCLUDED IN THE REVISED ROTATION ON 28.9.2017 AND FORWARDED TO THE CORPORATION.
EXHIBIT R1 B TRUE COPY OF THE ADVICE LIST DATED 27.12.2017 ISSUED BY THE PSC.
EXHIBIT R1 C TRUE COPY OF THE APPOINTMENT LETTER DATED 23.1.2018 ISSUED BY THE CORPORATION.
EXHIBIT R1 D TRUE COPY OF THE LETTER DATED 29.11.2017 ISSUED BY THE PSC.
EXHIBIT R1 E TRUE COPY OF THE LETTER DATED 23.12.2017 ISSUED BY THE CORPORATION TO THE GOVERNMENT.
EXHIBIT R1 F TRUE COPY OF THE FORWARDING LETTER DATED 19.5.2018 ISSUED BY THE CORPORATION TO THE PSC ALONG WITH THE PROFORMA FOR REPORTING VACANCIES.