Kerala High Court
Surya A.B vs Kerala Public Service Commission on 10 February, 2023
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
WP(C) NO. 40670 OF 2022
PETITIONERS:
1 SURYA A.B
AGED 34 YEARS
D/O BHASY A.T, ALLAPARAMBIL HOUSE, ARATTUVAZHI,
NJARAKKAL.P.O, ERNAKULAM., PIN-682505.
2 RESHMY V.D.,
AGED 39 YEARS, D/O DINESAN V.K, VEETTIL HOUSE, SAHODHARA
NAGAR WEST, NJARAKKAL.P.O., ERNAKULAM., PIN-682505.
3 SETHULAKSHMI V.S.,
AGED 37 YEARS, D/O SIVARAMAN V.P, VATTEKKATTU HOUSE,
KADAMAKUDY, PIZHALA.P.O ERNAKULAM., PIN-682027.
BY ADVS.
P.N.SANTHOSH
K.P.GEETHA MANI
SUDHA N.K.
RESPONDENTS:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE
P.O., THIRUVANANTHAPURAM, PIN 695 004., KERALA STATE.
2 THE THAHSILDAR
KOCHI TALUK OFFICE, FORT KOCHI, PIN -682001
3 THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LIMITED (MATSYAFED)
REPRESENTED BY ITS THE MANAGING DIRECTOR,KAMALESWARAM,
MANACAUD P.O., THIRUVANANTHAPURAM, PIN-695009
4 THE COMMISSIONER,
KERALA FISHERMEN'S WELFARE FUND BOARD, HEAD OFFICE, AYYAPPA
NAGAR, POOKUNNAM. P.O., THRISSUR DISTRICT,PIN-680002
WP(C) NO. 40670 OF 2022 -2-
5 THE FISHERIES OFFICER
KERALA FISHERMEN'S WELFARE FUND BOARD, NARAKKAL,ERNAKULAM
DISTRICT,PIN-682505
6 THE FISHERIES OFFICER,
KERALA FISHERMEN'S WELFARE FUND BOARD, SALIM ALI ROAD, KOCHI,
ERNAKULAM DISTRICT, PIN-682031.
BY ADVS.
T.P.PRADEEP
PUSHKARAKSHAN V.P
BINDUMOL JOSEPH
BEENA JOSEPH
MANAS UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.40670 of 2022
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Dated this the 10th day of February, 2023
J U D G M E N T
The Public Service Commission-first respondent, as per Ext.P1 notification invited online applications to the post of Project Officers in MATSYAFED towards the 30% quota set apart to Fishermen/Dependent of Fishermen category. The petitioners applied based on Ext.P1 and were included in the short list. The petitioners are required to produce dependency certificate that, they are dependent on fishermen, to substantiate their eligibility. The dependency certificate is issued by the revenue officials on the basis of the certificate issued by the Fisheries Officer concerned.
2. According to the petitioners, their fathers are traditionally engaged in fishing activity for their livelihood. Hence the petitioners are their dependents and thus eligible in terms of the notification. However, W.P.(C) No.40670 of 2022 -: 2 :- the 4th respondent has rejected the request for certificate of dependency for the reason that the petitioners are married and that a married daughter cannot be said to be dependent on the father. It is thus aggrieved that the petitioners are before this Court.
3. Heard learned counsel Sri.P.N.Santhosh on behalf of the petitioners, Sri.P.C.Sasidharan learned counsel for the first respondent, Sri.T.P.Pradeep learned counsel for respondents 4 to 6 and also the learned Government Pleader.
4. The post notified under Ext.P1 is towards the 30% quota set apart in MATSYAFED for "Fishermen/Dependent of Fisherman category". Note-4 to Ext.P1 notification clarifies as to who are "fishermen" and "dependent" of fisherman. Relevant portion of clause-4 reads thus:-
"Fishermen means any person engaged mainly in fishing operations for the livelihood. Dependents means Wife/Husband, Son/Daughter, Father/Mother of deceased sons W.P.(C) No.40670 of 2022 -: 3 :- or daughters wholly dependent on fishermen."
A reading of the above clause clarifies that:
(i) the person must be engaged mainly in fishing operations for livelihood, to fall within the ambit of the word "fishermen". Two words are of significance therein viz. "mainly" and "fishing operations".
(ii) dependents are the persons mentioned therein who are "wholly dependent" on fishermen.
5. The mere fact that petitioners are married daughters does not keep them out of the category. The rejection of the petitioners request on the said ground was not correct. Though respondents 4 to 6 would attempt to contend that a married daughter does not fall within the term "dependent", the documents relied on relate to monetary claims. To find whether a person falls within the term "dependent" is that, he/she must be "wholly dependent" on a "fisherman" as explained above. Exts.P13, P14 and P16 whereunder the applications of the W.P.(C) No.40670 of 2022 -: 4 :- petitioners were rejected, have not considered the above aspects. The petitioners' request need to be considered afresh. Since the interview has already started, there cannot be any delay in considering the applications.
6. Resultantly, the writ petition is allowed. Exts.P13, P14 and P16 are quashed. The applications of the respective petitioners with regard to the issuance of dependency certificate shall be considered and appropriate orders passed in the light of the observations in this judgment, within a period of three days from the date of receipt of a copy of this judgment.
Writ petition is allowed as above.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 40670/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GAZETTE NOTIFICATION VIDE CATEGORY NO. 221/2020 DATED 16.11.2020 TO THE POST OF PROJECT OFFICERS IN MATSYAFED PUBLISHED BY THE 1ST RESPONDENT.
Exhibit P2 A TRUE COPY OF THE POST-GRADUATION CERTIFICATE DATED 07.06.2014 IN M.SC. (APPLIED FISHERIES AND AQUA CULTURE) ISSUED TO THE 1ST PETITIONER BY THE MAHATMA GANDHI UNIVERSITY.
Exhibit P3 A TRUE COPY OF THE POST-GRADUATION CERTIFICATE DATED 12.10.2009 IN M.SC. (AQUA- CULTURE AND FISHERIES MICROBIOLOGY) ISSUED TO THE 2ND PETITIONER BY THE CALICUT UNIVERSITY. Exhibit P4 A TRUE COPY OF THE POST-GRADUATION CERTIFICATE DATED 30.04.2009 IN M.SC. (INDUSTRIAL FISHERIES) ISSUED TO THE 3RD PETITIONER BY THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY.
Exhibit P5 A TRUE COPY OF THE RELEVANT PAGE OF THE HALL TICKETS ISSUED TO THE FIRST PETITIONER. Exhibit P6 A TRUE COPY OF THE RELEVANT PAGE OF THE HALL TICKETS ISSUED TO THE 2ND PETITIONER. Exhibit P7 A TRUE COPY OF THE RELEVANT PAGE OF THE HALL TICKETS ISSUED TO THE 3RD PETITIONER. Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE IDENTITY CARD ISSUED TO THE FATHER OF THE FIRST PETITIONER BY THE KERALA FISHERMEN'S WELFARE FUND BOARD.
Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF THE IDENTITY CARD ISSUED TO THE FATHER OF THE 2ND PETITIONER BY THE KERALA FISHERMEN'S WELFARE FUND BOARD.
APPENDIX/WP(C) 40670/2022 -2- Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE IDENTITY CARD ISSUED TO THE FATHER OF THE 3RD PETITIONER BY THE KERALA FISHERMEN'S WELFARE FUND BOARD.
Exhibit P11 A TRUE COPY OF THE SHORT LIST PUBLISHED BY THE 1ST RESPONDENT VIDE NOTIFICATION SL NO.27/2022/OLE DATED 17.10.2022 TO THE POST OF PROJECT OFFICERS IN MATSYAFED. Exhibit P12 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT ON 02.11.2022.
Exhibit P13 A TRUE COPY OF THE COMMUNICATION DATED 09.11.2022 RECEIVED BY THE FIRST PETITIONER FROM THE 5TH RESPONDENT.
Exhibit P14 A TRUE COPY OF THE COMMUNICATION DATED 09.11.2022 RECEIVED BY THE FIRST PETITIONER FROM THE 4TH RESPONDENT.
Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 16.11.2022 OF THIS HON'BLE COURT IN WP(C) NO.
36433/2022.
Exhibit P16 A TRUE COPY OF THE COMMUNICATION DATED 07.11.2022 RECEIVED BY THE 2ND PETITIONER FROM THE 4TH RESPONDENT Exhibit P17 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER ON 18.12.2020 WITH THE ENDORSEMENT OF THE 6TH RESPONDENT. Exhibit P-18 TRUE COPY OF THE INTIMATION RECEIVED BY THE FIRST PETITIONER TO APPEAR FOR THE ONE TIME VERIFICATION, DOWNLOADED FROM HER PROFILE. Exhibit P-19 TRUE COPY OF THE INTIMATION RECEIVED BY THE 2ND PETITIONER TO APPEAR FOR THE ONE TIME VERIFICATION, DOWNLOADED FROM HER PROFILE. Exhibit P-20 TRUE COPY OF THE INTIMATION RECEIVED BY THE 3RD PETITIONER TO APPEAR FOR THE ONE TIME VERIFICATION, DOWNLOADED FROM HER PROFILE. APPENDIX/WP(C) 40670/2022 -3- Exhibit P-21 A TRUE COPY OF THE GOVERNMENT LETTER NO.9963/B3/2006/F&PDEPARTMENT DATED 12.05.2006.
Exhibit P-22 A TRUE COPY OF THE REPLY DATED 19.12.2022 ALONG WITH DOCUMENTS RECEIVED UNDER THE RTI ACT FROM THE 4TH RESPONDENTS OFFICE. Exhibit P-23 A TRUE COPY OF THE SCHEDULE FOR INTERVIEW TO THE POST OF PROJECT OFFICERS AND OTHER POSTS DOWNLOADED FROM PSC WEBSITE.
Exhibit P-24 A COPY OF THE JUDGMENT REPORTED IN C.B.MUTHAMMA VS UNION OF INDIA REPORTED IN (1979) 4 SCC 260.
Exhibit P-25 A TRUE COPY OF THE JUDGMENT DATED 15-12-2020 IN WRIT PETITION NO. 17788/2018 (S-RES) OF THE HON'BLE HIGH COURT OF KARNATAKA DOWNLOADED FROM KANOOR.ORG .
RESPONDENT ANNEXURES ANNEXURE R5 (A) A TRUE COPY OF RESOLUTION OF THE KERALA FISHERMEN WELFARE FUND BOARD DATED 26/07/1999 ANNEXURE R5(B) TRUE COPY OF RESOLUTION OF THE FISHERMEN WELFARE FUND BOARD DATED 28/12/2022 ANNEXURE R5(C) A TRUE COPY OF RELEVANT PAGES OF THE SCHEME FOR GROUP INSURANCE OF FISHERMEN ANNEXURE R5(D) A TRUE COPY OF RELEVANT PAGES OF SCHEME FOR PROVIDING FUNERAL EXPENSES OF FISHERMEN
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