Kerala High Court
Kerala Public Service Commission vs Jayalekshmi P.B on 21 March, 2017
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon, V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939
OP(KAT).No. 279 of 2017 (Z)
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OA (EKM) 1579/2016 of KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
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PETITIONERS/RESPONDENTS 1 & 2:
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1. KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY SECRETARY,
OFFICE OF PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM, KERALA-695004.
2. THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION,
DISTRICT OFFICE, KOLLAM,
KERALA-691001.
BY SRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANT & RESPONDENTS 3 TO 8 :
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1. JAYALEKSHMI P.B.,
W/O. ABHILASH J., AGED 36 YEARS,
RESIDING AT ASHTAMI, THANOORKONAM,
T.C.34/407, PRAC-30, NETTAYAM P.O.,
THIRUVANANTHAPURAM, KERALA-695013.
2. THE INSPECTOR GENERAL OF REGISTRATION,
OFFICE OF THE INSPECTOR GENERAL OF
REGISTRATION, VANCHIYOOR,
THIRUVANANTHAPURAM, KERALA-695035.
OP(KAT).No. 279 of 2017 (Z)
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3. THE DISTRICT REGISTRAR (GENERAL),
OFFICE OF THE DISTRICT REGISTRAR (GENERAL),
NEAR COLLECTORATE, KOLLAM, KERALA-691013.
4. THE DIRECTOR OF PUBLIC INSTRUCTION,
DIRECTORATE OF PUBLIC INSTRUCTION,
THIRUVANANTHAPURAM, KERALA-695014.
5. THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT, VELLAYAMBALAM,
THIRUVANANTHAPURAM, KERALA-695010.
6. THE CONTROLLER OF STATIONERY ,
OFFICE OF THE CONTROLLER OF STATIONERY,
STATIONERY DEPARTMENT, PMG JUNCTION,
THIRUVANANTHAPURAM, KERALA-695033.
7. DISTRICT COLLECTOR,
KOLLAM, COLLECTORATE, KOLLAM,
KERALA-691013.
R2 TO R7 BY GOVERNMENT PLEADER
SRI.PAUL ABRAHAM VAKKANAL
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING
COME UP FOR ADMISSION ON 16-08-2017,THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(KAT).No. 279 of 2017 (Z)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE O.A.(EKM) NO.1579 OF
2016 WITH ANNEXURES.
EXHIBIT P2: TRUE COPY OF THE REPLY STATEMENT.
EXHIBIT P3: TRUE COPY OF THE REJOINDER ALONG WITH THE
ANNEXURES.
EXHIBIT P4: TRUE COPY OF THE ORDER IN O.A.(EKM) 1579
OF 2016 DATED 21.03.2017.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
P.R.RAMACHANDRA MENON & SHIRCY V., JJ
.........................................
O.P.(KAT)NO.279 OF 2017
.................................
Dated this the 16th day of August, 2017
J U D G M E N T
P.R.RAMACHANDRA MENON, J The grievance is mainly with regard to Ext.P4 order passed by the Kerala Administrative Tribunal in O.A (EKM) No.1579 of 2016 dated 21.03.2017, whereby the vacancy reported to the Public Service Commission in respect of the post of 'Binder Grade II' in Kollam district has been ordered to be filled up from the sole surviving rank list in respect of Kollam District. In fact, it is a Head quarters' vacancy, which according to the PSC, is to be given on the basis of rotation from among the 14 different districts, starting from Trivandrum. The case projected by the PSC is that, the turn of Kollam is already over (in respect of Head quarters' vacancy) and the present turn is that of Alleppey, however, conceding that no rank list in respect of Alleppey or such other districts is available, except that of Kollam, as on date. O.P.(KAT)NO.279 OF 2017 2
2. The case projected before the Tribunal was that, despite the availability of several vacancies in respect of Binder Gr.II, Kollam, they were not being reported to the PSC by the requesting Authority/Department, which hence was sought to be interfered by the Tribunal by filing O.A(EKM) No.1579/2016 with the following prayers:
i) direct the respondents 3 to 8 to report all the vacancies of Binder Grade II now in existence, and anticipated till 31.12.2016, in various Departments in Kollam District to the respondents 1 and 2 as expeditiously as possible and at any rate within a time limit to be fixed by this Hon'ble Tribunal.
ii) direct respondents 1 and 2 to advise the applicant for the post of Binder Grade II and further direct the respondents 3 to 8 to appoint her, to one of the said posts, consequent on her inclusion in Annexure A1 ranked list.
And
iii) grant such other reliefs as this Hon'ble Tribunal deems fit and proper in the circumstances of this case including the cost of this Original Petition.
3. The claim was resisted by the PSC by filing Ext.P2 reply statement, pointing out that there was no lapse on the part of the PSC in advising the candidates from the rank list prepared for the districts concerned and that no vacancy was available to be filled up in Kollam. The posts in question are O.P.(KAT)NO.279 OF 2017 3 being filled up in different districts, based on the separate rank lists prepared by the PSC pursuant to the selection made in respect of different districts, except in the case of Head quarters' vacancy. In the case of Head quarters' vacancies available in Trivandrum, it is stated that a process of rotation is being pursued by the PSC identifying candidates from various rank lists for the different districts from Trivandrum onwards. The applicant pointed out before the Tribunal that vacancy was available in the Head quarters, which arose on 24.11.2016. After hearing both the sides the Tribunal found that no rank list was in existence in respect of any other district, but for Annexure A1 in respect of Kollam District. The said rank list, which was brought in force on 26.06.2012 was about to expire on 31.12.2016. It was also found that there was no dispute regarding the fact that the Head quarters' vacancy was already reported to the PSC before the expiry of the rank list published for Kollam district. It was in the said circumstances, that the Tribunal held that the course sought to be pursued by the PSC without advising candidates from the existing rank list for filling up of the vacancy in the Head O.P.(KAT)NO.279 OF 2017 4 quarters, despite the fact that no other rank list was available, especially in respect of Alleppey district (to which district the benefit of rotation was sought to be extended by the PSC) was wrong. It is accordingly that the O.A was allowed, giving appropriate direction by way of Ext.P4, which form the subject matter of challenge before this Court.
4. The only aspect to be considered is whether any undue benefit has been given to the applicant or any adverse orders have been passed in respect of persons who are already been included in the rank list prepared by the PSC for other districts like Alleppey district, to which district the rotation in respect of the Head quarters' vacancy involved shall go this time. Admittedly, since no other rank list was in existence as on date ie., before the expiry of Annexure A1 rank list, the course pursued by the Tribunal is perfectly within the four walls of law and no prejudice has been caused to any person who is waiting in the queue, having found a place in the relevant rank list for the post in question. We find no tenable ground so as to call for an interference in exercise of supervisory jurisdiction of this Court as per Article 227 of the O.P.(KAT)NO.279 OF 2017 5 Constitution of India.
The Original Petition fails and it is dismissed accordingly.
Sd/-
P.R.RAMACHANDRA MENON JUDGE Sd/-
SHIRCY V. JUDGE IAP