Disposed

Valsala.K.P v. Kerala Public Service Commission

Kerala HC1 Jun 2017WP(C)/15758/2016

Case brief

AI extract

What is this about?

High Court directed Kerala Public Service Commission to advise appointment to seven vacancies of Branch Manager in Kannur District Co-operative Bank based on unamended rules ranked lists, excluding four vacancies reserved by Apex Court.

What did the court decide?

Commission to advise appointment to seven vacancies from ranked lists within one month; other issues left open.

Valsala.K.P Vs Kerala Public Service Commission — Pension and Retirement Benefits | Kerala HC (2017)

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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.B.SURESH KUMAR

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WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938

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WP(C).No. 15758 of 2016 (T)

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PETITIONER(S):

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1. VALSALA K.P., AGED 48 YEARS, D/O.K.P.RAGHAVAN NAMBIAR, KALLAMPALLY HOUSE, KARIPPAL PO, KANNUR-670 581.

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2. GEORGE JOSEPH, AGED 50 YEARS, S/O.JOSEPH, THUNDATHILKUNNEL, ULICKAL P.O., CHULLIYODE, KANNUR-670 705.

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3. SUBASHINI A.K., AGED 39 YEARS, D/O.E.RAGHAVAN, SANGEETH, PERUNTHATIL P.O., KANNUR-670 107. 4. RIYAS A., AGED 41 YEARS, S/O.V.MAYAN, VELLUVAKANDY HOUSE, KANHIRODE P.O., KANNUR-670 592. 5. REMYA A.V., AGED 34 YEARS, D/O.GANGADHARAN M., GOPAL SADAN, HOSPITAL ROAD, MATTANUR, KANNUR-670 702. 6. BEENA M.V., AGED 40 YEARS, D/O.RAJAN NAMBIAR, SREE SABARAI, MARUTHAYI, PORORA P.O., KANNUR-670 702.

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BY ADV. SRI.SUNIL V.MOHAMMED

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RESPONDENT(S):

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1. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 004, REP. BY ITS SECRETARY.

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WP(C).No. 15758 of 2016 (T)

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2. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, KANNUR-670 002.

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3. THE KANNUR DISTRICT CO-OPERATIVE BANK LTD., HO PB.NO.35, KANNUR-670 001, REP. BY ITS GENERAL MANAGER.

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4. THE BOARD OF DIRECTORS, KANNUR DISTRICT CO-OPERATIVE BANK LTD., HO PB.NO.35, KANNUR-670 001, REP.BY ITS PRESIDENT.

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5. THE REGISTRAR OF CO-OPERATIE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.

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R1 & R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R3 BY ADV. SMT.M.MEENA JOHN R5 BY GOVERNMENT PLEADER SRI.A.C.VIDYA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2016, ALONG WITH WPC. 191/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 15758 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 :	TRUE COPY OF THE GAZETTE NOTIFICATION DATED 14-12-2009 ISSUED BY THE 1ST RESPONDENT FOR CATEOGRY NO.433/2009 FOR DIRECT RECRUITMENT.
P2 :	TRUE COPY OF THE CONSEQUENT RANK LIST PREPARED FOR APPOINTMENT TO THE 3RD RESPONDENT BANK.
P3 :	TRUE COPY OF THE JUDGMENT DATED 19-3-2013 IN WPC.NO. 37412/2009 AND CONNECTED CASES.
P4 :	TRUE COPY OF THE INTIMATION DATED 23-5-2013 OF THE 5TH RESPONDENT.
P5 :	TRUE COPY OF THE INTIMATION DATED 30-9-2013 OF THE 5TH RESPONDENT
P6 :	TRUE COPY OF THE INTERIM ORDER DATED 5-1-2016 IN WPC.NO.191/2016.
P7 :	THE TRUE COPY OF THE REPLY DATED 4-3-2016 ISSUED BY THE 5TH RESPONDENT UNDER THE RTI ACT, 2005.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

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P.B. SURESH KUMAR, J.

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== == == == == == == == == == == WP.(C).Nos.191 & 15758 of 2016.

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== == == == == == == == == == == Dated this the 5^th day of October, 2016

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JUDGMENT

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The grievance of the petitioners in these writ petitions concerns the inaction on the part of the Kerala Public Service Commission ('the Commission') in advising them for appointment to the post of Branch Manager in the service of the Kannur District Co-operative Bank Ltd., ('the Bank').

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On 19.12.2003, the Bank reported three vacancies in the post of Branch Manager and requested the Commission to advise candidates for appointment in the said vacancies. Pursuant to the said request, two separate ranked lists have been published by the Commission after conducting selection. Petitioners are persons included in the said ranked lists. Earlier, the selection was challenged by a few others and the proceedings initiated by them is now pending consideration before the Apex Court. It is stated that the Apex Court has passed an interim order in

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WP.(C). Nos.191 & 15758/2016

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the said matter by which the Bank is directed to refrain from filling up four vacancies of Branch Managers. In the light of the said interim order of the Apex Court, the selected candidates were not advised for appointment by the Commission. In the meanwhile, the rule relating to the qualification for appointment has been amended with effect from 02.11.2010. Eight more vacancies arose in between 09/12/2003 and 02/11/2010 and the same were, however, reported only after the amendment of the rule. The specific case of the petitioners is that the three vacancies initially reported and eight vacancies later reported are vacancies arose prior to the amendment of the rule and as such, the said vacancies, less the four vacancies ordered to be kept vacant by the Apex Court, have to be filled up. They seek directions in this regard in these writ petitions.

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A statement has been filed in this case by the Bank confirming the aforesaid facts.

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Heard the learned counsel for the petitioners, the learned Standing Counsel for the

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WP.(C). Nos.191 & 15758/2016

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Commission and the learned Standing Counsel for the Bank.

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There is no dispute to the fact that eleven

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vacancies arose prior to the amendment of the rules. It is settled that those vacancies are to be filled up in accordance with the unamended rules. The ranked lists prepared by the Commission are in accordance with the unamended rules. The said ranked lists are still in force. As such, there cannot be any impediment at all in filling up those vacancies from the said ranked lists. Of course, in the light of the interim order stated to have been passed by the Apex Court, four out of the eleven vacancies cannot be filled up.

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The learned Standing Counsel for the Commission pointed out that eight vacancies have been reported only after the amendment of the rules. The Bank has stated in the statement filed in this matter that those vacancies arose prior to the amendment of the rules. If those vacancies had arisen prior to the amendment of the rules, there cannot be any impediment in filling up those vacancies from the ranked lists already published by the

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WP.(C). Nos.191 & 15758/2016

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Commission in accordance with the unamended rules. The

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date of reporting of the vacancies may not have any relevance in this context.

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In the circumstances, writ petitions are disposed of directing the Commission to advise candidates for appointment to seven out of the eleven vacancies reported from the ranked lists published pursuant to the request made by the Bank. The said direction shall be complied with within one month from today. All other issues are left open.

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Sd/P.B. SURESH KUMAR, JUDGE

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rsr

Valsala.K.P v. Kerala Public Service Commission

Case brief

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Valsala.K.P v. Kerala Public Service Commission

Case brief

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