Petitioner challenging cancellation of appointment advice due to inability to join duty bonded to BSNL. Court held petitioner had no statutory right to compel further extension and dismissed writ petition as bereft of merit.
Direction to 2nd respondent to permit joining duty was refused; Writ Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 655 of 2008(C) ------------------------------------PETITIONER: -------------------SAJEEV H., ANSARI MANZIL, KIZHAKKENELA, VETTIYARA P.O., NAVAIKULAM, THIRUVANANTHAPURAM. PRESENTLY WORKING AS JUNIOR ACCOUNT OFFICER, BSNL, NAGARCOIL, TAMIL NADU. BY ADV. SRI.C.R.SIVAKUMAR SMT.G.VIDYA
RESPONDENTS:
------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.
3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM.
4. THE SECRETARY, THE KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM.
5. THE PRINCIPAL, GOVERNMENT OF COLLEGE, THIRUR.
6. THE BHARATH SANCHAR NIGAM LTD., REPRESENTED BY GENERAL MANAGER, OFFICE OF CGM/ BSNL, TAMIL NADU CIRCLE, CHENNAI-2.
BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL SRI.ALEXANDER THOMAS,SC,KPSC SRI.S.K.BALACHANDRAN, SC, BSNL BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI,J.
W.P ( C) No. 655 of 2008
Dated this the 9th January, 2008
J U D G M E N T
Petitioner is presently working as Junior Accounts Officer in the B.S.N.L and stationed at Nagarkovil in Tamil Nadu Telecom Circle. He applied for the post of Lecturer in Commerce in the Department of College Education. On advice by the Public Service Commission, the 2nd respondent issued Exhibit P1 order of appointment on 8.3.2007 requiring the petitioner and others to join duty, within 15 days. Petitioner sought for extension of time to join duty pursuant to Exhibit P1, by Exhibit P3. By Exhibit P3, petitioner sought for time upto February 10, 2009. By Exhibit P4 order dated 28.4.2007, the Director granted extension of 45 days with effect from 8.3.2007. At the same time, by Exhibit P5 communication, the 1st respondent informed the petitioner that extension beyond 45 days as already granted by the Director cannot be considered. But he nevertheless granted the petitioner liberty to join duty if he so desires, within 10 days. Petitioner's problem seems to be the reluctance on the part of the B.S.N.L. to relieve him from duty. Apparently, the petitioner had executed a bond with B.S.N.L. for a period of five years and the period expires in February, 2009. In circumstances where the petitioner could not join duty, the petitioner's advice has been cancelled by the P.S.C. as per Exhibit P8. Petitioner challenges Exhibits P4 and P8 and seeks a direction
W.P ( C) No. 655 of 2008
2
to the 2nd respondent to permit him to join duty to the post of Lecturer.
In the circumstances, I do not find any grounds to interfere in this writ petition. The writ petition is bereft of merit and the same is therefore, dismissed.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 655 of 2008
3
K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
W.P ( C) No. 655 of 2008
4
25th May, 2007
2 issues framed by the court
Whether the court can compel the appointing authority to grant further extension beyond the statutory period for joining duty.
Whether the cancellation of the appointment advice by the Public Service Commission is sustainable in view of the petitioner's failure to join within the extended time.
Sajeev H.
The State of Kerala, represented by the Additional Chief Secretary
The Director of Collegiate Education
The Kerala Public Service Commission, represented by its Secretary
The Principal, Government of College, Thirur
The Bharath Sanchar Nigm Ltd.
V.Giri
K.Thankappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
