Kerala High Court in this writ appeal dismissed the challenge against the Single Judge's judgment upholding the Kerala Transport Subordinate Service Rules, 2008 regarding experience requirements for the post of Assistant Motor Vehicles Inspector.
The writ appeal is dismissed according to judgment dated 24.02.2016.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2016/5TH PHALGUNA, 1937
WA.No. 1927 of 2010 ( ) IN WP(C) 33366/2008
AGAINST THE JUDGMENT IN WP(C) 33366/2008 of HIGH COURT OF KERALA DATED 17-05-2010
APPELLANT/PETITIONER:
KISHORE RAJ S/O.P.K.KAMALASANAN, AGED 29 YEARS UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE THIRUVANANTHAPURAM(PRESENTLY WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, VADAKARA, CALICUT
BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD
RESPONDENTS/RESPONDENT:
1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF SURFACE TRANSPORT WING, NEW DELHI-1.
2. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, SECRETARIAT ANNEX THIRUVANANTHAPURAM-695001
3. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM-695001
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
kp/-
ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.A. No. 1927 of 2010
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Dated this the 24th day of February, 2016
JUDGMENT
SHAFFIQUE, J.
This appeal has been filed by the petitioner in W.P.(C). No.33366 of 2008 challenging the judgment dated 17.5.2010, by which the learned Single Judge dismissed the writ petition.
W.A. No.1927 of 2010 -2-
therefore he sought for a direction commanding the respondents not to insist the candidates seeking appointment by transfer to the post of Assistant Motor Vehicle Inspector to have full time working experience. The learned Single Judge after an elaborate consideration of the facts and circumstances involved in all cases formed an opinion that the issue is covered by the judgment in Sirajudheen v. Kerala Public Service Commission 2001 (2) KLT 268. It is also pointed out that the Rules have been amended based on the notification issued by the Central Government, which has been incorporated by the State Government in the Rules.
W.A. No.1927 of 2010
-3-
entire issue and has arrived at a finding which cannot be stated to be illegal or perverse, we do not think that in exercise of our appellate jurisdiction we should interfere with the judgment. No grounds are made out to interfere with the judgment of the learned Single Judge.
The writ appeal is dismissed accordingly.
ASHOK BHUSHAN, CHIEF JUSTICE
A.M. SHAFFIQUE, JUDGE
kp/-25.02.16
2 issues framed by the court
Whether the appellate court should interfere with the Single Judge's judgment upholding the validity of the amended Kerala Transport Subordinate Service Rules regarding requirement for full-time exper
Whether the rule-making authority could be faulted for giving retrospective operation to the amended provisions of the Rules.
Colour shows how this judgement treated each authority
SirajudheenReferred¶27
Sirajudheen v. Kerala Public Service Commission 2001 (2) KLT 268
Kishore Raj S/o.P.K.Kamalasanan
Union of India represented by the Secretary to Government, Ministry of Surface Transport Wing, New Delhi-1
The State of Kerala represented by the Secretary to Government, Secretariat Annex Thiruvananthapuram-695001
The Transport Commissioner, Thiruvananthapuram-695001
Ashok Bhushan
A.M. Shafiique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
