Dismissed

Rajith Raju R.V. v. Kerala Public Service Commission

Kerala HC2 Nov 2020OP(KAT)/369/2020

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a petition challenging the Kerala Administrative Tribunal's rejection of interim relief. The petitioner sought reporting of SC/ST vacancies for Section Officers, but the Tribunal found no vacancies existed. The High Court upheld the Tribunal's decision, finding no error in rejecting the interim relief as the petitioner failed to show existing vacancies before the

What did the court decide?

The original petition is dismissed. Leave to approach the Tribunal is granted if the petitioner can show an error by the KPSC regarding vacancies.

Rajith Raju R.V. Vs Kerala Public Service… — Pension and Retirement Benefits | Kerala HC (2020)

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

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OP(KAT).No.369 OF 2020

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AGAINST THE ORDER IN OA 2279/2019 DATED 16-10-2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/1ST APPLICANT:

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RAJITH RAJU R.V., AGED 40 YEARS, S/O RAJU D, DEVADEYAM, PUNALAL, PUNALAL P.O., THIRUVANANTHAPURAM, KERALA-695 575.

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BY ADV.SRI.S.MOHAMMED AL RAFI

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RESPONDENTS/RESPONDENTS:

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

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2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PERSONAL AND ADMINISTRATIVE REFORMS EMPLOYMENT CELL-A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001.

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OTHER PRESENT:

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SRI. P.N. SANTHOSH- SR. G.P. SRI.P.C.SASIDHARAN, SC

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 02.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(KAT).No.369 OF 2020

JUDGMENT

Shaffique, J

The original petition has been filed challenging Ext.P6 interim order dated 16.10.2020 of the Kerala Administrative Tribunal. The request of the applicant-the petitioner herein, was to report the vacancies and advice appointment by the Kerala Public Service Commission ['KPSC', for short]. The applicants were persons, who had applied for the post of Section Officers pursuant to Annexure-A1 notification dated 11.06.2015. The number of vacancies were stated to be one each in SC/ST categories and ST category. The rank list was publised on 17.10.2017 and it expired on 16.10.2020. In the meantime, a request was made for reporting the vacancies by the KPSC. It was observed that out of the cadre strength of 226 Section Officers, the total number of Section Officers coming under SC/ST categories is 27 and all the posts were filled up and, therefore, there was no vacancy to be reported. The Tribunal, therefore, did not issue directions and accordingly the matter was posted for filing reply.

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Having heard the learned counsel appearing for the

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OP(KAT).No.369 OF 2020

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petitioner and the learned standing counsel appearing for the KPSC, we do not find any error being committed by the Tribunal in rejecting the interim relief. Apparently this is a case in which the petitioner was unable to point out that any vacancy existed in SC/ST categories before the expiry of the ranked list. Under such circumstances, we do not find any error being committed by the Tribunal in rejecting the interim relief. It shall be open for the petitioner to approach the Tribunal, if any error had been committed by the KPSC in that regard. The original petiiton is dismissed.

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Sd/A.M.SHAFFIQUE, JUDGE

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sd/GOPINATH P., JUDGE

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AMV/03/11/2020

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OP(KAT).No.369 OF 2020

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APPENDIX

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PETITIONERS EXHIBITS :

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EXHIBIT P1	TRUE	COPY OF THE ORIGI	NAL
	APPLI	CATION IN O.A.NO.2279/2	019
	FILED ADMIN THIRU	BEFORE KER ISTRATIVE TRIBUN VANANTHAPURAM.	ALA AL,
EXHIBIT P2	TRUE FILED	COPY OF THE REPLY STATEM BY THE 2ND RESPONDENT.	ENT
EXHIBIT P3	TRUE REPOR WEBSI 26.02	COPY OF THE CASE STA T DOWNLOADED FROM TE OF THE TRIBUNAL .2020.	TUS THE ON
EXHIBIT P4	TRUE OF	COPY OF THE RELEVANT PORT THE CASE STATUS REP	ION ORT
	DOWNL THE T	OADED FROM THE WEBSITE RIBUNAL	OF
EXHIBIT P5	TRUE M.A.N	COPY OF THE APPLICATION O.1398/2020	IN
EXHIBIT P6	TRUE 16.10	COPY OF THE ORDER DA .2020 IN O.A.NO.2279/2019	TED

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY P.A.TO JUDGE

Rajith Raju R.V. v. Kerala Public Service Commission

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Rajith Raju R.V. v. Kerala Public Service Commission

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