Dismissed

Jini.K.Varghese v. State of Kerala & Ors.

Kerala HC10 Dec 2008WP(C)/34291/2008

Case brief

AI extract

What is this about?

Petitioner, daughter of an Ex-service man, challenged her omission from the Ex-service quota in a rank list for Live Stock Inspector post, claiming priority. Court found she did not claim in her application and rank list had expired, dismissing the petition on delay and failure to establish claim.

What did the court decide?

Petition dismissed on ground of delay and for reason that petitioner did not apply in Ex-service quota.

Jini.K.Varghese Vs State of Kerala & Ors. — Service and Employment | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN

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WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930

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WP(C).No. 34291 of 2008(G)

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PETITIONER(S): ---------------

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JINI.K.VARGHESE, KOCHAIYATHU, ERAVANCARA P.O., MAVELIKKARA.

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BY ADV. SRI.R.KRISHNA RAJ

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ANIMAL HUSBANDY, THIRUVANANTHAPURAM.

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DIRECTOR OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM.

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KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.

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GOVERNMENT PLEADER SMT. ANU SIVARAMAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.N.RAVINDRAN, J.

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====================================== W.P.(C)No.34291 of 2008

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====================================== Dated this the 10^th day of December 2008

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JUDGMENT

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Heard Sri.R.Krishna Raj, the learned counsel appearing for the petitioner and Sri.Alexandar Thomas, the learned standing counsel appearing for the Kerala Public Service Commission.

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The petitioner is the daughter of an Ex-service man. Her grievance is that though she had applied for appointment to the post of Live Stock Inspector Grade II in the quota ear marked for dependents of Ex-service men, she was included in the open category in the rank list published on 30.12.2002. The learned standing counsel appearing for the Kerala Public Service Commission submits on instructions that the rank list ceased to be in force on 30.12.2005 and that the petitioner was not advised since her turn did not arise. The learned standing counsel also made available to me a photostat copy of the application submitted by the petitioner pursuant to the notification issued by the Commission inviting applications for appointment to the post of Live Stock Inspector Grade II. The said application discloses that the petitioner did not claim appointment as the dependent of an Ex-service man. In Column-10 of the application form, the petitioner has specifically stated that she is not entitled to weightage/priority as a sports man/Ex-service man/physically handicapped person etc. The learned standing counsel also made avialable to me the proforma filled up and submitted by the petitioner on 20.11.2002 wherein she has stated that she has not applied in the quota

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W.P.(C)No.34291/2008 2

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reserved for dependents of defence service personal. Such being the situation, the claim made by the petitioner is plainly untenable. Further the ranked list expired on 30.12.2005. This Writ Petition is filed long thereafter. Therefore on the ground of delay and for the reason that the petitioner did not apply as the dependent of an Ex-service man, no relief can be granted to her. The Writ Petition fails and is accordingly dismissed.

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P.N.RAVINDRAN, JUDGE

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css/

Jini.K.Varghese v. State of Kerala & Ors.

Case brief

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Jini.K.Varghese v. State of Kerala & Ors.

Case brief

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