In appeal, the High Court allowed the Writ Appeal filed by Kerala Public Service Commission, setting aside the Single Judge's order to include petitioners in a rank list, finding the Single Judge erred in disregarding evidence of casual employment.
Writ appeal allowed; judgment of the learned Single Judge set aside; no further directions issued.
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 HON'BLE MR. JUSTICE K SURENDRA MOHAN &
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
WA.No. 2285 of 2015 IN WPC. 13650/2014
AGAINST THE ORDER/JUDGMENT IN WP(C) 13650/2014 of HIGH COURT OF KERALA DATED 27-07-2015
APPELLANT(S)/3RD RESPONDENT:
KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004.
BY ADV.SRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT(S)/PETITIONERS 2, 5 TO 7 AND RESPONDENTS 1 AND 2 :
EDAKKATTE HOUSE, MADAKKARA, SULTHAN BATHERY, NENMENI P.O., WAYANAD - 673 592,
OTTAPILAKKOOL HOUSE, KARUMALA P.O., BALUSSERY VIA, KOZHZIKODE-673 612.
R5 & 6 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. SURENDRA MOHAN & ANNIE JOHN, JJ.
------------------------------------------W.A. No. 2285 of 2015 ()
-----------------------------------------Dated this the 2nd day of March, 2018.
JUDGMENT
K. Surendra Mohan,J.
The Kerala Public Service Commission is in appeal challenging the judgment of the learned Single Judge dated 27.07.2015 in W.P.(C) No. 13650 of 2014. As per the judgment, a direction has been issued by the learned Single Judge to include the writ petitioners in Ext.P14 rank list. The said direction was stayed by this Court as per interim order dated 26.10.2015 passed in this appeal. Therefore, the direction was not given effect to.
6th respondent—KSRTC. Respondents 1 to 5 had applied for the said post, pursuant to the notification. However, their applications were rejected for the reason that, the experience certificates produced by them described them as 'casual' employees. Since the qualifications stipulated were the ability to read and write and five years' experience in painting, finding that they did not have a requisite experience, their applications were rejected. They challenged the said notification before
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this Court.
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are necessary to be issued in this matter. In the result, this writ appeal is allowed and the judgment of the learned Single Judge is set aside. No
costs.
K. SURENDRA MOHAN,
JUDGE.
ANNIE JOHN, JUDGE.
Rv
2 issues framed by the court
Whether an experience certificate must be issued based on statutory registers and whether casual employment qualifies.
Whether the impugned order directing inclusion in the rank list should be set aside after the rank list expired.
Colour shows how this judgement treated each authority
judgment dated 05.10.2015Referred¶43
W.A. No. 1461 of 2015 and connected appeals
Kerala Public Service Commission represented by its Secretary
Raji E.D.
Rajesh N.K.
Dinesh K.K.
Sabeesh C.K
Kerala State Road Transport Corporation represented by its Managing Director
K Surendra Mohan
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
