Kerala Public Service Commission vs Nisha M., Wife Of Premdas S on 26 August, 2025

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Kerala High Court

Kerala Public Service Commission vs Nisha M., Wife Of Premdas S on 26 August, 2025

The petitioners are respondents 3 and 4 in O.A.(EKM)No. 267 of 2023 on the file of the Kerala Administrative Tribunal, Additional Bench, Ernakulam. The said original application was one filed by the 1st respondent herein-applicant, seeking an order to set aside Annexure A8 addendum/erratum notification dated 01.02.2023 issued by the Kerala Public Service Commission, 1st petitioner herein; a declaration that the applicant is fully entitled to retain the position assigned to her in Annexure A3 probability list and Annexure A4 ranked list and to retain the appointment granted to her as Lower Division Clerk (Tamil and Malayalam knowing), pursuant to the advice made by the Public Service Commission; and a direction to the 1st petitioner herein not to alter the position assigned to the applicant in Annexure A3 probability list and Annexure A4 ranked list.

2. In O.A.(EKM)No.267 of 2023, the Tribunal passed Ext.P2 interim order dated 09.02.2023 staying further proceedings for cancellation of advice of the applicant based on Annexure A8 erratum notification. Feeling aggrieved by the 4 OP(KAT)No.130 of 2023 2025:KER:65239 interim order dated 09.02.2023 of the Tribunal in O.A.(EKM)No.267 of 2023, the petitioners-respondents 3 and 4 have filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

3. On 27.03.2023, when this original petition came up for admission, this Court issued notice before admission. The 1st respondent-applicant entered appearance through counsel and the learned Government Pleader took notice on admission for respondents 2 and 3. Paragraphs 3 and 4 of the interim order dated 27.03.2023 read thus;

"3. Adv. Rekha Vasudevan informs us that the respondents, having been put in a very difficult situation, are working out the remedies available in law by filing the O.A and the review. The options available under review may not be understood as having been considered by this Court.

4. After hearing the learned counsel for considerable length of time, we are convinced that the case on hand comes within the exception in entertaining an original petition. Having taken note of the circumstances in which the Tribunal has passed the interim direction, we are of the view that the interim order virtually amounts to, on the one hand, stopping the petitioners herein from 5 OP(KAT)No.130 of 2023 2025:KER:65239 implementing the directions issued by the Tribunal in O.A(EKM) No.251/2022 and on the other hand, not allowing the Public Service Commission to take consequential steps in this behalf. While suspending the interim order under challenge, this Court directs the Public Service Commission not to give effect to the implementation of the final order in O.A (EKM) No.251/2022. The review being worked out by the respondents herein shall be considered on its own merits."

4. On 25.08.2025, when this original petition came up for consideration along with connected matters, i.e., O.P.(KAT)Nos.138, 145 and 147 of 2023, the learned counsel for the 1st respondent-applicant pointed out the judgment of a Division Bench of this Court in Ibrahim Sherif K. v. Malathi B.P. [2025 KHC OnLine 254].

5. Heard the learned Standing Counsel for Kerala Public Service Commission for the petitioners-respondents 3 and 4, the learned counsel for the 1st respondent-applicant and also the learned Senior Government Pleader for respondents 2 and 3- respondents 1 and 2.

6. The learned counsel for the 1st respondent-applicant would submit that during the pendency of this original petition, O.A.(EKM)No.267 of 2023 was dismissed as withdrawn by the 6 OP(KAT)No.130 of 2023 2025:KER:65239 order of the Tribunal dated 10.11.2023.

7. The learned Standing Counsel for Kerala Public Service Commission would submit that since O.A.(EKM)No.267 of 2023 has already been dismissed as withdrawn, the reliefs sought for in this original petition have become infructuous and therefore, the original petition may be dismissed as infructuous, leaving open the legal and factual contentions.

In such circumstances, based on the aforesaid submissions made at the Bar, this original petition is dismissed as infructuous; however, leaving open the legal and factual contentions raised by both sides.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE AV 7 OP(KAT)No.130 of 2023 2025:KER:65239 APPENDIX OF OP(KAT) 130/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE NOTIFICATION FOR CATEGORY NO.116/2017 DATED 30.05.2017 ISSUED BY THE THIRD RESPONDENT Annexure A2 TRUE COPY OF NOTIFICATION NO.08/2020DOP DATED 20.08.2020 ISSUED BY THE 4TH RESPONDENT Annexure A3 TRUE COPY OF THE NOTIFICATION NO.09/2021/DOP DATED 03.12.2021 ISSUED BY THE 4TH RESPONDENT Annexure A4 TRUE COPY OF THE RANKED LIST DATED 25.02.2022 FOR THE POST OF LOWER DIVISION CLERK (TAMIL AND MALAYALAM KNOWING) Annexure A5 TRUE COPY OF THE LETTER NO.PIV(1)3995/16(2) DATED 24.06.2022 ISSUED BY THE 4TH RESPONDENT Annexure A6 TRUE COPY OF THE PROCEEDINGS NO.DCPKD/11/2022A1 DATED 16.08.2022 ISSUED BY THE 2ND RESPONDENT Annexure A7 TRUE COPY OF THE ERRATTUM NOTIFICATION NO.

PVI(2)1/20 DATED 28.01.2023 ISSUED BY THE 4TH RESPONDENT Annexure A8 TRUE COPY OF THE ADDENDUM/ERRATUM NOTIFICATION DATED 01.02.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P1 THE TRUE COPY OF THE APPLICATION IN O.A(EKM) NO.267/2023 BEFORE THE HONOURABLE TRIBUNAL Exhibit P2 THE TRUE COPY OF THE INTERIM ORDER DATED 9/2/2023 IN O.A.(EKM) 267/2023 Exhibit P3 THE TRUE COPY OF THE ORDER DATED 24/1/2023 IN O.A (EKM) NO. 251/2022

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