The High Court of Kerala dismissed a writ appeal challenging an interim order directing an undertaking to report vacancies. The court held the appeal was not maintainable as it did not affect the appellant's rights.
The writ appeal was dismissed as it was not maintainable in the light of the previous decision.
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 K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931
WA.No. 1462 of 2009()
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.11298/2009 Dated 30/06/2009
APPELLANT/7TH RESPONDENT:
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KERALA TOURISM DEVELOPMENT CORPORATION LTD., A GOVERNMENT OF KERALA UNDERTAKING, MASCOT SQUARE, THIRUVANANTHAPURAM - 33, REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV. SRI.P.A.AHAMMED
RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 6 & 8 TO 11:
---------------
1. SHAJI JOHN, S/O.JOHN, PUTHUPARAMBIL, THEKKUTHODU, PATHANAMTHITTA DISTRICT.
2. BINU V.VARGHESE, S/O.V.I.VARGHESE KOSHY, VATTEVELIL HOUSE, PANNIVIZHA, ADOOR.P.O., PATHANAMTHITTA DISTRICT.
3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, PATTOM PALAE P.O. TRIVANDRUM - 04, REPRESENTED BY ITS SECRETRY.
4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.
5. L.B.S.CENTRE FOR SCIENCE & TECHNOLOGY, A GOVERNMENT OF KERALA UNDERTAKING, EXTRA POLICE ROAD, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM -33, REPRESENTED BY ITS DIRECTOR.
6. THE KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR.
W.A.No.1462/2009
7. THE KERALA HOUSING BOARD, THIRUVANANTHAPURAM-01, REPRESENTED BY ITS SECRETARY.
8. THE KERALA LIVESTOCK DEVELOPMENT BOARD, A GOVT. OF KERALA UNDERTAKING, GOKULAM, PATTOM, THIRUVANANTHAPURAM - 04, REPRESENTED BY ITS SECRETARY.
9. THE KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., A GOVT. OF KERALA UNDERTAKING, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 14, REPRESENTED BY ITS MANAGING DIRECTOR.
10. THE KERALA STATE CO-OPERATIVE CONSUMER'S FEDERATION LTD., GANDHI NAGAR, ERNAKULAM, KOCHI - 20, REPRESENTED BY ITS MANAGING DIRECTOR.
11. THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., THIRUVANANTHAPURAM - 04, REPRESENTED BY ITS SECRETARY.
12. THE INSTITUTE OF HUMAN RESOURCE & DEVELOPMENT LTD., PRAJO'S TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM - 14, REPRESENTED BY ITS DIRECTOR.
SRI.K.M.FIROZ FOR R1 & R2. SRI.P.B.SURESH KUMAR FOR R5, SRI.C.UNNIKRISHNAN FOR R6 SRI.M.SASINDRAN FOR R8 SRI.ALEXANDER THOMAS FOR R3 SR.GOVT.PLEADER, SRI.BENNY GERVASIS FOR 4 SRI.N.N.SUGUNAPALAN FOR R11
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
W.A.No. 1462 OF 2009
Dated, this the 8th day of July, 2009
J U D G M E N T
~~~~~~~~~~~~
Balakrishnan Nair, J.
The 7th respondent in the Writ Petition is the appellant. The appeal is filed against an interim order dated 30.6.2009 passed by the learned Single Judge directing, interalia, the appellant to report 46 vacancies in the cadre of Last Grade Servants to the Public Service Commission, Trivandrum. According to the appellant, there are no vacancies in the cadre of Last Grade Servants, to which candidates can be advised from the PSC. The vacancies available are in those posts , which are not left to the PSC, for advice of candidates. So, the order is illegal and therefore, liable to be vacated. But, we notice that this is a usual general order passed by this Court on the eve of expiry of every PSC rank list. The PSC has been specifically directed not to make any advice based on the vacancies reported under the interim order. This Court will ask the PSC only to advise the candidates after finally hearing the matter. At that time, the appellant can bring to the notice of the learned Single Judge that no vacancies are available in
W.A.No.1462/2009
2
the post left to the PSC and the vacancies pointed out by the writ petitioners are in posts not covered by the order entrusting recruitment to the PSC. By the interim order, none of the rights of the appellant is affected. Therefore, this appeal is not maintainable in the light of the decision of this Court in K.S.Das v. State of Kerala [1992(2)KLT 358]. Accordingly, the Writ Appeal is dismissed.
(K.BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps
1 issue framed by the court
Whether an appeal against an interim order directing an undertaking to report vacancies to the PSC is maintainable without affecting the appeal's rights.
Colour shows how this judgement treated each authority
K.S.Das v. State of KeralaFollowed¶34
K.S.Das v. State of Kerala [1992(2)KLT 358]
Kerala Tourism Development Corporation Ltd.
Shaji John
Binu V.Varghese
Ministry of Education
State of Kerala
L.B.S. Centre for Science & Technology
K.Balakrishnan Nair
C.T.Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
