The High Court dismissed the writ appeal filed by a helper applicant challenging the single Judge's order which rejected his claim for appointment in reported vacancies. The rank list had expired before the petition was filed and another suit to report same vacancies had been dismissed earlier.
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.
TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942
WA.No.3 OF 2020
AGAINST THE JUDGMENT IN WP(C) 5604/2019(A) OF HIGH COURT OF KERALA DATED 24.09.2019
APPELLANT/PETITIONER:
JIJI.P.G., AGED 38 YEARS SARALA NEST, KADUMTHURUTHY, YAKKARA.P.O., PALAKKAD, PIN-678 001
BY ADVS.
SRI.N.SUKUMARAN (SR.), SRI.S.SHYAM SRI.KIRAN PETER KURIAKOSE SRI.VINAY KUMAR VARMA
RESPONDENTS / RES PONDENTS :
1 KERALA STATE BEVERAGES CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 001
2 THE MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION LTD, THIRUVANANTHAPURAM-695 001
R1-2 BY SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.
R3-4 BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Shaffique, J
The appeal is filed by the petitioner in W.P.(C) No.5604/2019 challenging the judgment dated 24.09.2019. The petitioner, who was included in the rank list for appointment to the post of helper/peon in the Kerala State Beverages Corporation ('Corporation', for short), had approached this Court by filing the above writ petition, inter alia , seeking for a direction to respondents 1 and 2 to report the NJD vacancies existing in the Corporation.
WA.No.3 OF 2020
3
vacancy, that had arisen during the pendency of the rank list. Apparently, this is a case in which the rank list had expired as early as on 26.12.2016. No claim was raised by the petitioner during the pendency of the rank list. That apart, W.P(C) No.23675/2018, filed by persons who were included in the supplementary rank list seeking for a direction to advice the NJD vacancies came to be disposed of as early as on 25.10.2018, rejecting the claim of the petitioners on the finding that they cannot have any right to seek for a direction to report any NJD vacancies to the PSC for appointment from a rank list which has already expired on 26.12.2016.
A.M.SHAFFIQUE, JUDGE
GOPINATH P., JUDGE
AMV/22/10/2020
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APPENDIX
PETITIONERS EXHIBITS :
| ANNEXURE R1A | COPY OF THE | LIST | OF CAN | DIDATES |
|---|---|---|---|---|
| ADDITIONALLY | INC | LUDED | IN THE | |
| REVISED ROTA | TION | ON 28= | 09-2017 | |
| AND FORW CORPORATION. |
ARDED | TO | THE | |
| ANNEXURE R1B | COPY OF 29-11-2017 I THE 1ST RESP |
THE SSUED ONDENT |
LETTER BY THE -CORPOR |
DATED PSC TO ATION |
| ANNEXURE R1C | COPY OF THE 2017 SENT BY CORPORATION |
LETTE THE 1 TO THE |
R DATED ST RESP GOVERN |
23-12- ONDENT- MENT. |
| ANNEXURE R1D | COPY OF THE | FOR | WARDING | LETTER |
| DATED 19-05- | 2018 | ISSUED | BY THE | |
| 1ST RESPOND | ENT-C | ORPORAT | ION TO | |
| THE P.S.C | ALON | G WIT | H THE | |
| PROFORMA VACANCIES. |
FOR | RE | PORTING |
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
3 issues framed by the court
Whether an appellant can claim appointment in vacancies arising during the pendency of an expired rank list.
Whether the learned single judge was justified in rejecting the petitioner's claim when the rank list had expired before the writ petition was filed.
Whether individual women candidates joined duty or the vacancies still remained unreported post-appointment advice.
Jiji.P.G.
Kerala State Beverages Corporation Limited
The Managing Director, Kerala State Beverages Corporation Ltd
Kerala Public Service Commission
The Secretary, Kerala Public Service Commission
A.M. Shaffique
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
