Division Bench dismissed writ appeals against orders confirming appointments of Meter Readers, clarifying that incumbents cannot be disturbed despite modifications in the common judgment's reasoning.
Clarifying that incumbents already appointed cannot be disturbed; un-filled vacancies may be filled from existing rank lists.
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 THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WA.No. 466 of 2013 () IN WP(C).12250/2010 -------------------------------------------
AGAINST THE ORDER/JUDGMENT IN WP(C) 12250/2010 of HIGH COURT OF KERALA DATED 18-01-2013
APPELLANT(S)/PETITIONERS:
RESPONDENT(S)/RESPONDENTS:
ERNAKULAM DISTRICT. PIN. 683 542.
R BY SRI.S.SUJIN R BY SRI.P.C.SASIDHARAN, SC, KPSC R BY SRI.K.S.ANIL, SC, KSEB
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-08-2015, ALONG WITH W.P.(C) NO.20113/2013 ALONG WITH OTHER CONENCTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.
W.A.Nos.466, 564,787 of 2013 & W.P.(C)No.20113 of 2013
Dated this the 4th day of August, 2015
JUDGMENT
Thottathil B. Radhakrishnan, J.
W.A.Nos.466/2013 & 787/2013 are against the judgment rendered in W.P.(C)No.12250/2010 and WA.No.564/2013 is against the judgment in W.P.(C) No.29590/2011, both those writ petitions having been decided through a common judgment rendered along with yet another writ petition.
W.A.No.466/2013& others
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Suresh Kumar B. and Others v. Kerala Public Service Commission and Others [2012 (4) KHC 83]. That decision has been reversed today by the Division Bench as per the judgment rendered in W.A.Nos.1874 of 2012 & 2193 of 2012; rendered on the question of comparable qualification, apart from the issue of non-joinder of necessary parties.
W.A.No.466/2013& others
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In the result, these writ appeals are accordingly dismissed, however, clarifying that the dismissal of these writ appeals, including on the ground of non-joinder of parties otherwise on merits, would not stand in the way of advices being issued as against any vacancy which remains unfilled and which could be filled from the rank list already published. It is so ordered. As a consequence, W.P.(C) No.20113/2013 is ordered directing that
W.A.No.466/2013& others
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the incumbents, who have already been appointed, shall not be
disturbed.
Sd/-
THOTTATHIL B.RADHAKRISHNAN Judge
Sd/-
SUNIL THOMAS Judge
dpk
/true copy/ PS to Judge.
W.A.No.466/2013& others
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1 issue framed by the court
Whether the impugned common judgment should be modified to grant relief to petitioners already appointed as incumbents
Colour shows how this judgement treated each authority
Suresh Kumar B. and Others v. Kerala Public Service Commission and OthersDistinguished¶31
Suresh Kumar B. and Others v. Kerala Public Service Commission and Others
Jyoti K.K. & Ors. v. Kerala Public Service Commission & OrsRelied on¶32
Jyoti K.K. & Ors. v. Kerala Public Service Commission & Ors
Ratheesh O.R
Asharaf Y
Sahayaraj A.
Rajesh O.P.
Sreedesh T.G.
Rajesh N.R.
Thottathil B. Radhakrishnan
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
