This writ appeal filed by non-applicant Abdul Nassar was dismissed. The High Court held he could not question appointments of others and that the original writ petition was a non-maintainable PIL in service law.
The Writ Appeal is dismissed.
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 V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
WA.No. 335 of 2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 18434/2018 of HIGH COURT OF KERALA DATED 14.12.2018
APPELLANT/S:
ABDUL NASSAR.S AGED 38 YEARS
S/O.SHAHUL HAMEED, CHARUVILA VEEDU, KOTTUKKAL.P.O., ANCHAL, KOLLAM, PIN-691106.
BY ADV. SRI.ANCHAL C.VIJAYAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURAL (ANIMAL HUSBANDRY) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
3 S.SUDHEESH KUMAR TRACTOR DRIVER, KULATHUPUZHA FARM, KERALA LIVESTOCK DEVELOPMENT BOARD LIMITED, GOKULAM, PATTOM, THIRUVANANTHAPURAM, PIN-695004.
4 L.SUNIL KUMAR TRACTOR DRIVER, KULATHUPUZHA FARM, KERALA LIVESTOCK DEVELOPMENT BOARD LIMITED, GOKULAM, PATTOM, THIRUVANANTHAPURAM, PIN-695004.
BY ADV. SRI.MILLU DANDAPANI
SMT.REKHA VASUDEVAN
OTHER PRESENT:
R1 SRI.ANTONY MUKKATH-GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
WA.No. 335 of 2019
JUDGMENT
V.CHITAMBARESH, J.
The petitioner is not an applicant to the post and cannot therefore question the appointments of respondents 3 and 4. The petitioner had only worked for short spells as driver on two occasions sponsored by the Employment Exchange. The learned Single Judge was correct in holding that the Writ Petition is in fact a public interest litigation which cannot be entertained in Service Law. We do not find any ground to interfere with the judgment of the learned Single Judge.
Sd/-
V.CHITAMBARESH Judge
sd/- A.M.BABU Judge
sks/6.3.2019
3
WA.No. 335 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A QUALIFICATION AND METHOD OF APPOINTMENT FOR THE POSTS UNDER WORKERS CATEGORY OBTAINED AS PER THE RIGHT TO INFORMATION ACT.
3 issues framed by the court
Whether the writ appeal filed by a non-applicant to question appointments of others under service law.
Whether the writ petition should be treated as public interest litigation and dismissed as such.
Whether there is any ground to interfere with the judgment of the learned Single Judge dismissing the writ petition.
ABDUL NASSAR.S
STATE OF KERALA
KERALA LIVESTOCK DEVELOPMENT BOARD LIMITED
S SUDHEESH KUMAR
L SUNIL KUMAR
V CHITAMBARESH
A M BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
