Kerala High Court
Sambhu V vs State Of Kerala on 16 January, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) NO. 542 OF 2024
-:1:-
2025:KER:5060
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
OP(KAT) NO. 542 OF 2024
ORDER DATED 3/10/2024 IN OA 2156/2023 OF KAT THIRUVANANTHAPURAM
PETITIONER/S:
SAMBHU V,
AGED 40 YEARS
S/O VENUGOPALAN A, RESIDENT OF PUTHEN VEEDU, WEST KALLADA,
KOLLAM (DISTRICT) ,KERALA, PIN - 691500
BY ADV THULASEEDHARA KURUP C.R.
RESPONDENT/S:
1 STATE OF KERALA ,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, STATUE THIRUVANANTHAPURAM, PIN -
695001
2 THE SECRETARY KPSC,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 ADDITIONAL DIRECTOR GENERAL NCC,
NCC DIRECTORATE, VAZHUTHAKKAD PO, THIRUVANANTHAPURAM, PIN -
695010
4 DIRECTOR SAINIK WELFARE,
DIRECTORATE OF SAINIK WELFARE, VIKAS BHAWAN PO,
THIRUVANANTHAPURAM, PIN - 695033
OP(KAT) NO. 542 OF 2024
-:2:-
2025:KER:5060
5 DISTRICT OFFICER, PUBLIC SERVICE COMMISSION,
KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE,
PATHANAMTHITTA, PIN - 689645
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
GOVERNMENT PLEADER SHRI SUNIL KUMAR KURIAKOSE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 16.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) NO. 542 OF 2024
-:3:-
2025:KER:5060
JUDGMENT
Dated this the 16TH day of January 2025 A.Muhamed Mustaque, J.
The petitioner was unsuccessful before the Tribunal. He is included in the ranked list for appointment to the post of LD Typist/Clerk Typist/Typist Clerk in NCC/Sainik Welfare Department in Pathanamthitta District, pursuant to the notification issued by the Kerala Public Service Commission (PSC). The ranked list came into force with effect from 10/8/2023. He is aspiring for appointment to a vacancy earmarked for differently abled candidates. It has come out that there are no eligible candidates for the quota earmarked for differently abled candidates. The stand of the PSC was that this vacancy will have to be carried forward for the next selection year and therefore, it cannot be made available for general candidates in the current ranked list.
2. It is specifically mentioned in the notification that 4 vacancies are reserved for differently abled candidates. It is seen from Annexure A7 that the Government had decided to fix the roster OP(KAT) NO. 542 OF 2024 -:4:- 2025:KER:5060 turn for the differently abled candidates. Originally, the out of turn in the roster for differently abled candidates was 33, 66 and 99. By Annexure A7 Government Order, it was replaced by 1, 34 and
67. Vacancies are earmarked for differently abled candidates in accordance with the roster laid down under Annexure A7 Government Order. The current ranked list is the first ranked list after Annexure A7 Government Order. In such circumstances, if there are no candidates available under the differently abled category, it has to be carried forward for next selection in the light of the law under Section 34(2) of the Rights of Persons with Disabilities Act, 2016. The petitioner cannot stake any claim for vacancies earmarked for differently abled candidates. The original petition, therefore, is without any merit and is accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
P. KRISHNA KUMAR, JUDGE ms OP(KAT) NO. 542 OF 2024 -:5:- 2025:KER:5060 APPENDIX OF OP(KAT) 542/2024 PETITIONER ANNEXURES Annexure -A1 TRUE COPY OF THE PENSION PAYMENT ORDER NO.
187202000282 ISSUED BY THE PCDA (PENSIONS), ALLAHABAD Annexure -A2 TRUE COPY OF THE COMBINED NOTIFICATION GAZETTE DATE 02-08-2021, CATEGORY NO. 257/2021 Annexure- A3 TRUE COPY OF THE RANKED LIST NO. 693/23/DOH, CATEGORY NO. 257/2021.
Annexure -A4 TRUE COPY OF THE RANKED LIST NO. 229/15/SSII, CATEGORY NO. 132/2012 Annexure -A5 TRUE COPY OF THE APPOINTMENT CHART, KPSC PATHANAMTHITTA DISTRICT FOR THE POST OF LD TYPIST (EX-SERVICEMEN ONLY) Annexure -A6 TRUE COPY OF THE RELEVANT SECTION 36 OF THE PERSONS WITH DISABILITIES ACT,1995. Annexure -A7 TRUE COPY OF THE G.O.(P) /8/2017/SWD G.O.(P) NO./16/SWD DATED 06-05-2017 Annexure- A8 TRUE COPY OF THE APPOINTMENT CHART OF KPSC DISTRICT OFFICE, WAYANAD Annexure- A9 APPOINTMENT CHART NO. PTA LL (2) 349097/2020 DATED 10-10-2023 ISSUED BY THE KPSC PATHANAMTHITTA DISTRICT OFFICE.
Annexure -A10 PETITIONER'S REPRESENTATION DATED 26-10-2023 TO KPSC.
Annexure -A11 THE KPSC LETTER NO. DR1-2/13/2019-KPSC DATED 14- 11-2023 Annexure- A12 THE KPSC DISTRICT OFFICE WAYANAD APPOINTMENT CHART NO. WR LL (2)2/21 (1) DATED 16-08-2023 Exhibit - P1 TRUE COPY OF THE O. A. NO. 2156/2023, FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM OP(KAT) NO. 542 OF 2024 -:6:- 2025:KER:5060 Exhibit-P2 ORDER DATED -3-10-2024 IN O. A. NO. 2156/2023 OF THE HON'BLE KAT Exhibit-P3 REPLY STATEMENT FILED ON BEHALF OF THE 2ND & 5TH RESPONDENTS -KPSC