In this writ appeal, the High Court of Kerala dismissed the appellant's challenge against the Single Judge's judgment which held him not entitled to a direction for vacancy reporting as the ranklist had expired and no vacancies were available.
The writ appeal was dismissed with no directions issued to the Corporation to report vacancies.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF JULY 2020 / 22ND ASHADHA, 1942
WA.No.1036 OF 2019
AGAINST THE JUDGMENT DATED 19-02-2019 IN WP(C) 17822/2015(C) OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
FAZALUDEEN KUNJU T., AGED 46 YEARS, S/O.THANGAL KUNJU, KALATHIL HOUSE, PALACKAL, THEVALAKKARA P.O., KOLLAM - 690 524.
BY ADVS. SRI.MATHEW KURIAKOSE SRI.J.KRISHNAKUMAR (ADOOR)
RESPONDENTS/RESPONDENTS:
2 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, FORT, THIRUVANANTHAPURAM - 695 023.
R1 BY GOVT. PLEADER FOR R R2 BY ADV. SRI T. P. SAJAN FOR R-2(B/O) R3 BY ADV. ADV. P.C SASIDHARAN FOR R-3 (B/O)
OTHER PRESENT:
SRI. P.N. SANTHOSH- SR. G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA No.1036/2016
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JUDGMENT
Dated this the 13th day of July 2020
Shaffique, J:
This writ appeal was filed by the petitioner in W.P (C) No.17822/2015 against the judgment of the learned Single Judge. By the impugned judgment the writ petition is disposed of as under;
“In such circumstances, this writ petition is disposed of in terms of the directions contained in the judgment of the Division Bench of this Court in W.A.No.2248 of 2018 and connected cases, making it clear that the petitioner in the writ petition is also entitled for the benefits flowing out of the aforesaid judgment of the Division Bench.”
WA No.1036/2016
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and 1375 were anticipatory vacancies due to introduction of 500 schedules on 01-11-2011. 317 vacancies were calculated as anticipatory vacancies due to retirement of employees on 31-032012 and 1257 vacancies were non-joining duty vacancies. PSC issued advice memo to 9300 candidates who were included in the rank list. The Corporation issued appointment orders to 3808 vacancies of which 1420 candidates did not join duty. The Corporation requested the PSC to give permission to appoint candidates from the advice list of 1554 vacancies inclusive of 1420 of NJD vacancies and 134 unexpected vacancies of 2014, which was allowed by the PSC. Further 40 NJD vacancies were also filled up as permitted by the PSC. It is submitted that there was no vacancy to appoint all the 9300 candidates from the advice list, and the Corporation was issuing appointment orders in the phased manner. Necessary details in that regard has also been submitted by the respondents.
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Merely for the reason that he is included in the rank list does not ensure on him a legal right to demand that the vacancies should be reported. The stand taken by the KSRTC is that there were no vacancies to be reported prior to the expiry of the rank list. We
do not think that there is merit in the contentions of the appellant. Hence the writ appeal is dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
JUDGE
AMG
WA No.1036/2016
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE REPLY DATED 01/07/2019 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF THE 3RD RESPONDENT CORPORATION TO THE APPELLANT.
ANNEXURE A2 TRUE COPY OF THE REPLY DATED 19/07/2019 ISSUED BY THE APPELLATE AUTHORITY OF THE 3RD RESPONDENT CORPORATION UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT.
3 issues framed by the court
Whether the respondent Corporation was directed to report vacancies to the Public Service Commission for candidates included in an expired ranklist.
Whether inclusion in a ranklist confers a legal right to demand vacancy reporting before such list expires.
Whether the writ appeal challenging the lower court's dismissal should be allowed or dismissed.
Colour shows how this judgement treated each authority
Writ Appeal No.2248 of 2018Referred¶26
W.A.No.2248 of 2018
Fazaludeen Kunju T.
State of Kerala
Kerala State Road Transport Corporation
Kerala Public Service Commission
A.M. Shaifque
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
