Disposed

Deepthimol Varghese v. Kerala Public Service Commission

Kerala HC6 Jan 2020WP(C)/23320/2017

Case brief

AI extract

What is this about?

Rank-listed candidates sought appointments against reported junior assistant and cashier vacancies. The court directed advice and appointment against 13 municipal vacancies and 320 electricity board vacancies, making the latter appointments subject to retrenchment if posts were abolished.

What did the court decide?

Advice and appointment directed for 13 municipal vacancies, if advice remained pending, and 320 cashier vacancies; cashier appointments subject to retrenchment upon abolition of posts.

Deepthimol Varghese Vs Kerala Public Service Commission — Service and Employment | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

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WP(C).No.23320 OF 2017(L)

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PETITIONERS:

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1 DEEPTHIMOL VARGHESE AGED 36 YEARS KARAKKAVAYALIL HOUSE,VELATHUSSERY P.O., KOTTAYAM 686 580.

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2 PRAVEENA M.R PUTHENPURAYIL HOUSE,CHERTHALA P.O., PIN: 688 524

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BY ADVS. SRI.P.RAMAKRISHNAN SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.S.K.HARISH SRI.T.C.KRISHNA SMT.PREETHI RAMAKRISHNAN (P-212) SRI.PRATAP ABRAHAM VARGHESE

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RESPONDENTS:

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1 KERALA PUBLIC SERVICE COMMISSION P.S.C OFFICE, PATTOM, THIRUVANANTHAPURAM 695 004, REPRESENTED BY ITS SECRETARY

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2 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED REGD. OFFICE, BHADRATHA, MUSEUM ROAD, THRISSUR 680 020.

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3 KERALA STATE ELECTRICITY BOARD VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004, REPRESENTED BY ITS CHAIRMAN

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4 THRISSUR CORPORATION OFFICE OF THE CORPORATION OF THRISSUR,THRISSUR - 680 001,REPRESENTED BY ITS SECRETARY

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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5 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,PERSONNEL & ADMINISTRATIVE REFORMS (AVC-V)DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.

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*ADDL. THE DIRECTOR OF URBAN AFFAIRS R6 URBAN AFFAIRS DEPARTMENT, SWARAJ BHAVAN, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM -695 003. IMPLEADED AS ADDL.R6 AS PER ORDER DATED 22.08.2017 IN IA 13344/2017.

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*ADDL. MARY SHINI.K.G, AGED 36 YEARS, R7 W/O PETER SHAJAN, KARAMOOTTIL, AROOR P.O, ALAPUZHA DISTRICT, PIN 688 534 IMPLEADED AS ADDITIONAL R7 AS PER ORDER DATED 13.11.2019 IN IA 2/2019

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BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR ADV. SRI.P.GOPINATH BY GOVERNMENT PLEADER SRI.SUNIL K.K. BY ADV. SRI.K.JOHN MATHAI BY ADV. SRI.JOSON MANAVALAN BY ADV. SRI.KURYAN THOMAS BY ADV. SRI.PAULOSE C. ABRAHAM BY ADV. SRI.RAJU JOSEPH SR. BY SRI.GEORGEKUTTY MATHEW, SC, KSEB BY SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION BY ADV. I.SHEELA DEVI BY ADV. SRI.T.JAYAN BY ADV.P.C.SASIDHARAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.11.2019, ALONG WITH WP(C).38794/2015(Y), WP(C).32887/2016(I), WP(C).25052/2017(F), WP(C).29809/2017(A), THE COURT ON 06.01.2020 DELIVERED THE FOLLOWING:

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

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WP(C).No.38794 OF 2015

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PETITIONER:

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RATHEESH.S AGED 30 YEARS 'SREEREKHA', CHANDANATHOPE PO, KERALAPURAM, KOLLAM, PIN-691 014

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BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SMT.N.SANTHA SRI.V.VARGHESE

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD LTD. VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695 004,REPRESENTED BY ITS SECRETARY

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2 THE SECRETARY KERALA STATE ELECTRICITY BOARD LTD.VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695 004

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3 KERALA PUBLIC SERVICE COMMISSION RERPESENTED BY ITS SECRETARY, PATTOM,THIRUVANANTHAPURAM, PIN- 695 004

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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BY ADV. SRI.RAJU JOSEPH SR. BY SRI.P.C.SASIDHARAN, SC, BY SRI.GEORGEKUTTY MATHEW, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.11.2019, ALONG WITH WP(C).32887/2016(I), WP(C).23320/2017(L), WP(C).25052/2017(F), WP(C).29809/2017(A), THE COURT ON 06.01.2020 DELIVERED THE FOLLOWING:

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

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WP(C).No.32887 OF 2016

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PETITIONERS:

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1 AKHILA S. PADMAN AGED 29 YEARS NITEESH BHAVAN, CHERAPPALLY, PARANODU, THIRUVANANTHAPRUAM, PIN-695 542, NOW RESIDING AT KALABHAM, KAITHAKUZHI, ARYANKOD, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM-695 125.

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2 SHAMINA P SHERAFUDHIN POOVATHIL HOUSE, KOONAMTHAI, EDAPPALLY, ERNAKULAM, KOCHI-24, NOW RESIDING AT SHAMINAS MANZIL, NEAR KANELI KADAVU, KUNNUNIKKARA, ULIYANOOR P.O., ALUVA-683 108.

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BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SMT.L.ANNAPOORNA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SMT.N.SANTHA SRI.V.VARGHESE

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD LTD. VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695 004, REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY KERALA STATE ELECTRICITY BOARD LTD,VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-04.

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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3 MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD LTD,VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-04

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4 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-04

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BY ADV. SRI.RAJU JOSEPH SR. BY SRI.GEORGEKUTTY MATHEW, SC, KSEB BY SRI.P.C.SASIDHARAN, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.11.2019, ALONG WITH WP(C).38794/2015(Y), WP(C).23320/2017(L), WP(C).25052/2017(F), WP(C).29809/2017(A), THE COURT ON 06.01.2020 DELIVERED THE FOLLOWING:

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

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WP(C).No.25052 OF 2017

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PETITIONERS:

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1 PRADEEP AGED 30 YEARS, S/O. SASIDHARAN NAIR, THIRUVATHIRA, UNDANCODE, CHERIAKOLLA POST, THIRUVANANTHAPURAM DISTRICT - 695 504.

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2 REEBA T.I. AGED 37 YEARS, W/O. SUJITH SIVANANDAN, RAJEEV SADANAM, CHITTATTUMUKKU POST, THIRUVANANTHAPURAM - 695 301.

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3 DHANYA P.DAS AGED 32 YEARS, W/O. RIJU M.DAS, NANDANAM, KUNNUMMEL, KILIMANOOR POST, THIRUVANANTHAPURAM - 695 601.

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4 SIMI S.K. AGED 34 YEARS, W/O. VINIMON. R, CHEKKOTHU VEEDU, KUNNUMMEL, KILIMANOOR POST, THIRUVANANTHAPURAM - 695 601.

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5 DHANUSH

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AGED 35 YEARS, S/O. SUKUMARAN NAYAR, ADWAIYTHAM, N.S.S. KRRA, ANAYARA, THIRUVANANTHAPURAM.

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6 BINU. S.P. AGED 32 YEARS, S/O. SASINDRAN, BINU NIVAS, RAMACHAM VILLA, ATTINGAL POST, THIRUVANANTHAPURAM - 695 101.

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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7 SAUMYA A.R. AGED 31 YEARS, W/O. ARUN V.N., REMYA BHAVAN, PERAPPORE, MUKKOLAKKAL POST - 695 043.

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8 SANGEETHA A.S. AGED 35 YEARS, W/O. ARAVINDAKSHA KUMAR. S., KOLLAMVILAKATHU VEEDU, KOONAMKULAM LANE, MURUNJAPALAM, MEDICAL COLLEGE POST. THIRUVANANTHAPURAM - 695 011.

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BY ADVS. SRI.G.P.SHINOD SRI.AJIT G.ANJARLEKAR SRI.GOVIND PADMANAABHAN SRI.RAM MOHAN.G.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE PRINCIPAL SECRETARY PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM (PO), THIRUVANANTHAPURAM - 695 004.

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**4 THE KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS (MANAGING DIRECTOR), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM DISTRICT - 695 004. ”MANAGING DIRECTOR” AMENDED AS SECRETARY AS PER ORDER DATED 14/08/2017 IN I.A.NO.12380/2017.

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5 THE CORPORATION OF THRISSUR REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR - 680 001.

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BY SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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BY ADV. SRI.RAJU JOSEPH (SR.) BY SRI.GEORGEKUTTY MATHEW, SC, KSEB BY SRI.SUNIL KUMAR KURIAKOSE, GP BY SRI.P.C.SASIDHARAN,SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.11.2019, ALONG WITH WP(C).38794/2015(Y), WP(C).32887/2016(I), WP(C).23320/2017(L)AND WP(C).29809/2017(A), THE COURT ON 06.01.2020 DELIVERED THE FOLLOWING:

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

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WP(C).No.29809 OF 2017

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PETITIONERS:

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1 SHYNI R. AGED 36 YEARS, W/O DILEEP,CHALUNKAL VELI, S.N.PURAM P.O.,CHERTHALA, ALAPPUZHA-688582.

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2 NISHA.M.K. AGED 35 YEARS, D/O M.V.KUMARAN,MADAPPURAM HOUSE, AIMURY P.O.,PERUMBAVOOR,ERNAKULAM-683544.

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BY ADVS. SRI.DIPU.R SRI.K.S.BAIJU SMT.B.DHANYA SMT.P.A.PRIYA SRI.SANAL P.RAJ SMT.K.P.SUSMITHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS,(AVC-V), GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

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2 KERALA PUBLIC SERVICE COMMISSION KPSC REPRESENTED BY ITS SECRETARY, PSC HEAD OFFICE,PATTOM PALACE P.O., THIRUVANANTHAPURAM 695004.

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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3 KERALA STATE ELECTRICITY BOARD LIMITED KSEBL REPRESENTED BY ITS CHAIRMAN,VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004.

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4 THE TRAVANCORE TITANIUM PRODUCTS LIMITED TTPL REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, P.B.NO.1, THIRUVANANTHAPURAM 695021.

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**5 R5 DELETED KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LIMITED(KELTRON), REPRESENTED BY ITS MANAGING DIRECTOR, KELTRON HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033. R5 DELETED AS PER ORDER DATED 16-09-2017

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6 MUNICIPAL CORPORATION OF THRISSUR, REPRESENTED BY ITS SECRETARY, THRISSUR CORPORATION OFFICE, THRISSUR-680 001.

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BY ADV. SRI.RAJU JOSEPH (SR.) BY SRI.GEORGE KUTTY MATHEW, SC, KSEB BY ADV. SRI.K.ANAND (SR.) BY ADV. SMT.LATHA ANAND BY SRI.SUNIL KUMAR KURIAKOSE, GP BY SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION BY SRI.P.C.SASIDHARAN,SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.11.2019, ALONG WITH WP(C).38794/2015(Y), WP(C).32887/2016(I), WP(C).23320/2017(L) AND WP(C).25052/2017(F), THE COURT ON 06.01.2020 DELIVERED THE FOLLOWING:

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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P.V.ASHA J.

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-----------------------------------W.P.(C).Nos.38794 of 2015, 32887 of 2016 & 23320, 25052, 29809 of 2017

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------------------------------------- Dated this the 6^th day of January, 2020

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J U D G M E N T

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All these writ petitions are filed by candidates included in the rank list for appointment to the post of Junior Assistant/Cashier/Assistant Gr.II etc., in KSFE/KSEB/Thrissur Corporation etc., published by the Kerala Public Service Commission (KPSC). As the issue raised is the same, all these writ petitions are disposed of by the common judgment. Parties and documents referred to in this are as described in W.P.(C).No.23320 of 2017, unless specifically expressed otherwise.

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Ext.P1 rank list published by the Kerala

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Public Service Commission came into force on 22.09.2014. Petitioners claimed that several

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vacancies were available under the respective

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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respondents against which temporary hands/contract appointees continue to be engaged in such vacancies. In the case of the Cashiers in Kerala State Electricity Board Ltd ('the Board' for short), they stated that the vacancies of Cashiers/Junior Assistants were occupied by employees in other categories and that in the consequential vacancies in those other categories, contract employees were engaged.

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When the writ petition came up for

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consideration on 14.8.2017, it was submitted on behalf of the Thrissur Corporation that they have reported 13 vacancies to Urban Affairs Department to report the vacancies to PSC. Thereupon an interim order was passed on 14.08.2017 directing the Thrissur Corporation as well as KSFE and KSEB to report the available vacancies to the PSC.

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Thereafter Government filed a counter

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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affidavit stating that on the basis of the interim order passed by this Court on 22.08.2017, 13 vacancies were provisionally reported to the PSC on 20.09.2017. It was stated that if Govt. abolishes the posts there will not be any vacant post. Thereafter the respondents have not produced any orders by which the posts were abolished. That would mean that the vacancies which were reported existed in the Corporation as on the date of reporting as well as on the date of expiry of the list and thereafter.

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The main contention of the petitioners is that there were more than 497 vacancies of Cashiers in the Board. The Appellate Authority under the Right to Information Act, in the Board, in Ext.P3 letter 23.12.2016, informed the number of vacancies available. Apart from Ext.P3, the petitioners relied on Ext.P8 letter dated 17.12.2016 (produced along

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with I.A.No.3003 of 2018) of the Secretary

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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(Administration) of the Board, informing the Principal Secretary to Govt. P& ARD that in addition to 497 vacancies of Cashiers existing in KSEB there were 63 vacancies in the newly formed Electrical Sections. The details of the employees belonging to the other categories who are engaged as Cashiers in the existing vacancies of Cashiers were furnished there. Stating that those vacancies include 497 vacancies against the sanctioned strength and 63 in the newly formed electrical sections. According to this letter, 21 Meter Readers, 341 Lineman, 69 Mazdoor, 3 Senior Assistant and 13 Overseers and 113 Office Attendants were engaged as Cashiers against the existing vacancies of Cashiers. They have also furnished on a list of Senior Assistants who were working in the post of Cashiers, as stated in Ext.P9, in answer to a question raised before the floor of the Legislative Assembly. This list gives

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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the details of the persons working in various Electrical Sections in each of the District/Electrical Section/Electrical Circle. Producing Exts.P8 and P9 the petitioners submitted that there were more than 600 vacancies of Cashiers under 2^nd respondent Board.

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The Board had filed a statement in W.P. (C).No.32887 of 2016 on 22.06.2017, stating that 580 employees of the Board who did not belong to the category of Cashiers were engaged for cash collection

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in different Section Offices mentioned therein. According to this table, 7 Senior

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Assistant/Superintendent, 15 Overseers, 9 Meter Readers, 261 Lineman Gr.I, 111 Lineman Gr.II, 27 Senior Office Attendant, 37 Office Attendant Gr.I, 52 Office Attendant Gr.II, 61 Mazdoor were engaged for cash collection in different Section Offices.

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On the basis of this statement of the Board,

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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an interim order was passed on 25.08.2017, taking note of the fact that the rank list was expiring on 21.09.2017, directing the Board to report 580 vacancies of Junior Assistants/ Cashiers to the KPSC provisionally on or before 15.09.2017, with direction to PSC not to advise candidates against those vacancies.

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The Board thereafter sought for modification of the interim order stating that the strength of Cashiers/Junior Assistants was already in excess and further reduction was required in the light of study report submitted by IIMK. However they stated that they have reported 60 vacancies on 14.09.2017. This Court did not allow modification; but directed them to report the remaining 520 vacancies in accordance with the order passed on 25.08.2017.

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In August 2019 the Board informed this Court

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their decision to fill up 200 vacancies which existed

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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as on the date of expiry of the list. This Court directed the PSC to advise candidates against 200 vacancies. Therefore the issue to be considered relates to the remaining 320 vacancies which are reporting to PSC based on the interim order.

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Along with I.A. no. 4 of 2018, petitioners

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produced Ext.P10 letter by which the Principal Secretary to Govt. on 18.02.2019, requested the Chairman of the Board, to report the 497 vacancies existing in the post of Cashier, referred to in Board's letter dated 17.12.2016/Ext.P8, to the KPSC. They also produced Ext.P11 answers given before the Legislative Assembly in which the Board had informed that 689 persons were engaged against the vacancies of Cashiers. It was stated that there were 504 vacancies of Cashiers out of which 428 were to be filled up through KPSC and 76 on by transfer appointment. Ext.P13 letter dated 23.12.2016 received

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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on an appeal filed under RTI Act is also relied on to claim that there were 497 vacancies against which 418 Senior Assistants and 10 Senior Superintendents were working. They also produced the report prepared by the IIM Kozhikode, pointing out that there was no recommendation for reduction of post of Cashiers.

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In the counter affidavit filed on behalf of the Board on 24.08.2017 it was stated that the Kerala State Electricity Regulatory Commission (KSERC) had given certain strict directions to limit the employee cost and did not allow salary and other allowances of around 6000 employees suggesting redeployment in view of computerization in various wings of KSEB. It was stated the study report of IIMK including the recommendation on the deployment of employees in the ministerial wing was under consideration of the Board. It was therefore stated that a decision on the reporting of vacancies could be taken only on the

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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basis of study report of IIMK. Further it was stated that the Board is facing a loss of more than 700 Crores. Considering the crucial financial condition and the direction issued by the CERC to reduce the cost, no vacancies of Junior Assistant/Cashier can be reported to the PSC.

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In the addl counter affidavit filed by the Board on 15.09.2017, it was stated that the Kerala State Electricity Regulatory Commission constituted under Section 87 of the Electricity Act, 2003, checks every expenses and revenue requirements and it will allow or disallow the amounts claimed by the Board

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for each item in case any expense which is not allowed by the Regulatory Commission is incurred; the Board will have to avail loan and ultimately it w ould become an unviable Govt. Company; the Commission is not allowing the cost of employees in excess of the staff strength which existed during the financial

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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year 2008-2009. In para 5 of the addl. counter affidavit they have furnished the details regarding the increase in strength of staff during each financial year for which commission has not allowed the cost. It is stated that the staff strength for the year 2008-2009 was 27175 which has been increased by year to year by 832, 2689, 3938, 4608 4808 and 5866 in 2015-16 with 33041. It is stated that the Commission has not approved the expenses incurred by the Board to the tune of Rs.341.49 Crores, for the financial years upto 2016-17. It is stated that any claim which is disallowed by the Commission would become an irrecoverable loss and therefore it has become necessary to reduce the employees cost.

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Further it was pointed out that the Board had been exploring technological developments for automating its various functions since the year 2000; cash collection which was being done manually earlier

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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is being done through various offices in the distribution wing having the facility of cash collection with development of technology; manual work of the Cashiers have reduced in various matters such as making entries in cash book, registers etc, as now these works are automated and replaced by

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computer. It has also adopted digital technology in cash collection by introducing electronic payment by various modes and therefore the number of Cashiers required has been drastically reduced. It is stated

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the job of Senior Assistants which is the promotion posts of Cashiers is also reduced on introduction of

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computers. Further it is stated that when the employees in the category of field staff often get incapacitated to perform the duties, they are accommodated in the cash collecting wing after providing basic training. On this account also there is reduction in vacancies of Cashiers. It is further

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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stated that as per the Schedule 1(2)(a) of the second transfer scheme for re-vesting the assets and personnel of the company to the transferee there can

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be no retrenchment of the employees as their status/services are to be protected as on 31.10.2013; therefore, the Board cannot retrench those employees. It is also stated that there are several persons who are not having the qualification prescribed under the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulation, 2010. But in

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view of the quota rule prevailing in the Electricity Board covered by Long Term Settlement, the technical

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staff who are not having the qualifications prescribed in the regulation are also to be accommodated. It is their further contention that the IIMK is entrusted to conduct the study to improve the management and utilization of its human resources. The KSEBL has constituted a high power committee to

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evaluate and formulate modalities to implement the report and that the actual requirement of staff strength in all the categories can be determined only after completing the said process. However 60 vacancies of Cashiers were reported to KPSC on 14.09.2017. It was stated that the final figure would be determined before the expiry of the rank list and in case more vacancies are available the same would also be reported.

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The 3^rd respondent filed an addl. Counter

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affidavit dated 28.09.2017 stating that none of the vacant places of employees who are deployed in the places of Cashiers/Junior Assistants were filled up by contract staff or in any other manner.

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In answer to I.A.4 of 2018, filed by the petitioners producing Ext.P10 letter from the Govt. to the 3^rd respondent, the answers given by the Legislative Assembly on 02.11.2016 and Ext.P12 letter

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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dated 17.12.2016 from the 3^rd respondent to Principal Secretary to Govt. as well as the report of the IIMK, the 3^rd respondent filed a counter affidavit in April, 2019 . In this counter affidavit it was stated that KPSC had invited application even in the absence of any requisition from the KSEB, inviting applications for appointment to the post of Cashiers. It was stated that retrenchment is not possible and the Board has to accommodate the excess staff who become surplus due to restructuring of the staff pattern. Therefore it was stated that workman and staff posted from other cadres posted as Cashiers have the minimum qualification for appointment to that post and therefore Exts.P10 to P13 would not have any relevance.

¶183

Petitioners relied on Ext P15(a) produced along with I.A.1/2019, the answers given to the questions put on the floor of the Legislative

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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¶186

Assembly, in which it was stated that th ere would not be any reduction of post on introduction of Smart Meters. It was stated that 152 persons were granted appointment as Cashier/junior Assistant either through PSC/Compassionate Employment/Sports quota. In Ext.P16 letter it was stated that the sanctioned strength of Junior Assistant/Cashier was 14:14 before the IIMK submitted the report. It was also stated that the recommendations in the IIMK report is not yet implemented and that a sub committee is constituted to study the same and to submit recommendations and a final report would be submitted on 13.06.2019. Another affidavit was filed by the respondent No.3 on 09.08.2019 in which it was stated that Full Time Directors in its meeting held on 19.07.2019 resolved to fill up 200 vacancies of Cashiers and accordingly the KPSC can be permitted to advise candidates against those 200 vacancies. They

¶187

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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¶189

also stated that no contract appointments are made to

¶190

any of the posts in the Board except to meet emergency situation.

¶191

An addl. counter affidavit was filed on 14.10.2019 stating that KSEB is taking steps for optimization and development of manpower consequent

¶192

to structural changes in various offices in accordance with the provisions of the Electricity Act, 2003, the directions of the Regulatory Commission, CEA Regulations and tripartite agreement.

¶193

A sub committee was constituted on 03.03.2018 to prepare detailed proposals on optimization and development of manpower and it is making strenuous efforts to chalk out proposals regarding the manpower requirements. It was stated that it would take considerable time.

¶194

Learned Senior Counsel for the respondents

¶195

KSEB relying on the judgment of the Division Bench of

¶196

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶197

¶198

this Court in W.A.No.173 of 2018, argued that the petitioners do not have any indefeasible right to insist for a direction to the KSEB to report vacancies or even to get appointment, just because they are included in the rank list. The Division Bench of this Court in that judgment relying on the judgment of the Apex Court in S.S.Balu & Another v State of Kerala [2009 (2) SCC 479] held that it is the discretion of the employer not to fill up the existing vacancies. In that Writ Appeal this Court

¶199

was considering the case of candidates who had appeared in the test but the KPSC had not published a rank list since only one vacancy was reported to KPSC and therefore no rank list was published. Learned counsel for the petitioners pointed out that it was a case where the Board had abolished 799 posts of Meter Readers/Spot Billers by an order dated 23.02.2018 subsequent to the judgment in the Writ

¶200

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶201

¶202

Petition which was on 04.01.2018 and therefore the

¶203

said judgment would not apply to the facts of this case where there is no abolition of post and a final decision on the basis of the report of the IIMK is yet to be taken.

¶204

The judgment in State of Haryana and Others v. Mahabir Prasad Sharma and Others [1994 KHC 621 : 1994 Supp 2 SCC 348], was also relied on in support of the contention that it is for the employer to decide whether the vacancies are to be filled up or

¶205

not and candidates in the waiting list cannot have any right to appoint.

¶206

Admittedly there had been 580 persons working from other categories in the post of Cashiers and the position almost continued the same till the expiry of the list on 21.09.2017. Even though the respondents have stated that subsequently no contract employees are engaged in the consequential vacancies,

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

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¶209

petitioners have produced materials to show that such contract appointment was being made against those posts. As at present, there are no orders abolishing or reducing the posts of Cashiers. But it is a fact that Electronic Payment System bring about drastic changes and that would result in reduction of posts. After stating all these contentions the respondents themselves had submitted before this Court that 200 vacancies were available for appointment and accordingly advice was made. It is pointed out that several of the candidates have not joined duty even against those 200 vacancies. Main contention of the respondent is that in view of the provisions contained in the Electricity Act, 2003 as well as the tripartite settlement there cannot be any retrenchment.

¶210

As argued by Sri. Raju Joseph, Learned

¶211

Senior Counsel for the petitioner, it is settled law

¶212

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶213

that mere inclusion in a rank list does not confer

¶214

any indefeasible right on the candidates for appointment. There cannot also be a doubt that it is for the employer to decide its requirements and to fill up or not to fill up vacancies.

¶215

However so far there has not been any

¶216

abolition of posts of Cashiers in the Board. The respondents themselves had stated in August 2019 that 200 appointments can be made; directions were issued to PSC to advise candidates against those 200 out of

¶217

the 520 vacancies reported to it based on the interim order. The respondents themselves have stated that a very few candidates have joined duty as against those 200 vacancies against which appointments were made. Thus several vacancies among those 200, remain unfilled for various reasons including efflux of time. Therefore, I am of the view that the position would be more or less similar even

¶218

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶219

¶220

if advice is made to the remaining 320 vacancies already reported. The ban on retrenchment shall not apply to such candidates in the event abolition of post becomes necessary on the basis of any decision by the sub committee. The Board would be free to retrench the candidates thus advised and appointed.

¶221

Therefore these writ petitions are disposed of with the following directions:

¶222

(1) The KPSC shall advise candidates against 13

¶223

vacancies of Junior Assistants in the

¶224

Thrissur Corporation, reported to it by Govt, without any delay, in case advice is

¶225

not made so far. The Corporation shall thereupon make appointment against those vacancies without any further delay.

¶226

(2) The PSC shall advise candidates against the remaining 320 vacancies of Cashiers reported to it by the KSEBL without any delay; on

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WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶228

¶229

such advice, the Board shall appoint the candidates without any further delay on condition that they would be retrenched in

¶230

the event of abolition of posts notwithstanding any provision prohibiting retrenchment.

¶231

P.V.ASHA, JUDGE.

¶232

¶233

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶234

¶235

APPENDIX OF WP(C) 23320/2017

¶236

PETITIONER'S EXHIBITS:

¶237

EXHIBIT P1 RELEVANT PORTION OF RANKED LIST PUBLISHED BY THE 1ST RESPONDENT ON 22/9/2014 EXHIBIT P2 TRUE COPY OF PROCEEDINGS OF THE 14TH KERALA LEGISLATIVE ASSEMBLY DATED 4/10/2016 EXHIBIT P3 TRUE COPY OF LETTER DATED 23/12/2016 OF THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF REPLY DATED 9/5/2007 MADE BY THE HONOURABLE MINISTER FOR LOCAL SELF GOVERNMENT DURING THE LEGISLATIVE ASSEMBLY SESSION OF 9/5/2017 EXHIBIT P5 TRUE COPY OF LETTER DATED 29/6/2016 ISSUED BY THE 5TH RESPONDENT EXHIBIT P6 TRUE COPY OF LETTER DATED 30/12/2016 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF LETTER DATED 19/09/2017 AND THE ATTACHED PROFORMA ISSUED BY THE 3RD RESPONDENT. EXHIBIT P8 TRUE COPY OF LETTER DATED 17/12/2016 FROM THE 3RD RESPONDENT TO THE PRINCIPAL SECRETARY, PERSONNEL & ADMINISTRATIVE AFFAIRS (AVC-V) DEPARTMENT. EXHIBIT P9 TRUE COPY OF QUERY MADE BEFORE THE LEGISLATIVE ASSEMBLY ON 25/10/2016 AND THE ENCLOSED LIST. EXHIBIT P10 TRUE COPY OF LETTER DATED 18/02/2017 FROM THE GOVERNMENT TO THE 3RD RESPONDENT. EXHIBIT P11 TRUE COPY OF PROCEEDINGS OF LEGISLATIVE ASSEMBLY ON 02/11/2016. EXHIBIT P12 TRUE COPY OF LETTER DATED 17/12/2016

¶238

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶239

¶240

FROM THE 3RD RESPONDENT TO THE PRINCIPAL SECRETARY TO GOVERNMENT. EXHIBIT P13 TRUE COPY OF REPLY DATED 23/12/2016 RECEIVED UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT P14 TRUE COPY OF RELEVANT PAGES OF THE REPORT SUBMITTED BY THE INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE. EXHIBIT P15(A) TRUE COPY OF PROCEEDINGS DATED 29/05/2019 OF THE LEGISLATIVE ASSEMBLY EXHIBIT P15(B) TRUE COPY OF PROCEEDINGS DATED 29/05/2019 OF THE LEGISLATIVE ASSEMBLY. EXHIBIT P16 TRUE COPY OF PROCEEDINGS DATED 14/06/2019 OF THE LEGISLATIVE ASSEMBLY.

¶241

RESPONDENT'S EXHIBITS:

¶242

ANN.R2(A) TRUE COPY OF THE CIRCULAR NO.33/2016 (P&HR) DATED 30.05.2016 ISSUED BY THE 2ND RESPONDENT. EXT.R6(A) TRUE COPY OF THE LETTER DATED 01.07.2006. EXT.R4(A) TRUE COPY OF REPORT DATED 14/06/2017 SUBMITTED BEFORE THE DIRECTOR OF URBAN AFFAIRS. EXT.R3(A) TRUE COPY OF THE ORDER BO(FTD) 580/2019 DATED 24.07.2019.

¶243

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶244

¶245

APPENDIX OF WP(C) 38794/2015

¶246

PETITIONER'S EXHIBITS:

¶247

EXHIBIT P1	TRUE COPY OF THE NOTIFICATION	RELEVANT EXTRACT OF THAT
EXHIBIT P2	TRUE COPY OF THE 11ST RANKED LIST	RELEVANT EXTRACT OF RANKED NO 569/14/ROQ
EXHIBIT P3	TRUE COPY OF THE MINISTER TO UNST	REPLY GIVEN BY THE HON'BLE ARRED QUESTION NO. 387
EXHIBIT P4	TRUE COPY OF THE ENCLOSURES GIVEN TO UNSTARRED QUE	REPLY ALONG WITH WITH ITS BY THE HON'BLE MISNISTER STION NO. 7893
EXHIBIT P5	TRUE COPY OF THE 1476/13(EB4)(E)/	BOARD ORDER (FM) NO. GNL/IIMK/2013) DT. 8/7/13
EXHIBIT P6	TRUE COPY OF THE MANZDOORS DOWNLO WEBSITE OF THE P	ADVICE DETAILS OF ADED FROM THE OFFICIAL .S.C
EXHIBIT P7	TRUE COPY OF THE ELECTRICITY WORK OFFICIAL WEBSITE	ADVICE DETAILS OF ER, DOWNLOADED FROM THE OF THE PSC
EXHIBIT P8	TRUE COPY OF THE ELECTRICITY WORK THE OFFICIAL WEB	ADVICE DETAILS OF ER/MAZDOOR, DOWNLOADED FROM SITE OF THE PSC
EXHIBIT P9	TRUE COPY OF THE DIVISIONAL ASSIS DOWNLOADED FROM PSC	ADVICE DETAILS OF TANT ENGINEER (ELECTRICAL), THE OFFICIAL WEBSITE OF THE
EXHIBIT P10	TRUE COPY OF THE DIVISIONAL ACCOU OFFICIAL WEBSITE	ADVICE DETAILS OF NTANT, DOWNLOADED FROM THE OF THE PSC
EXHIBIT P11	TRUE COPY OF THE	STATUS OF POSTS DOWNLOADED

¶248

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶249

¶250

FROM THE WEBSITE OF THE PSC EXHIBIT P12 TRUE COPY OF THE ORDER (CM) NO. 562/2013(IT/CU/LT/EPAYMENT/12-13) DT. 14/3/13 EXHIBIT P13 TRUE COPY OF THE LETTER NO DB/RIA/14-15/45 DT. 7/2/15 OF THE EXECUTIVE ENGINEER AND PUBLIC INFORMATION OFFICER, ELECTRICAL DIVISION, THIRUVANANTHAPURAM EXHIBIT P14 TRUE COPY OF THE BOARD ORDER (FB) NO. 426/12(ESTTII/5980/11) DT. 23/3/12 EXHIBIT P15 TRUE COPY OF THE ORDER NO. EB.4(C)/OA/CASHIER TRAINEE/2014 DT. 1/3/14, THE K.S.E.B EXHIBIT P16 TRUE COPY OF THE ORDER NO. EB3/PRO/CASHIER/10%/2014 DT. 25/10/14 EXHIBIT P17 TRUE COPY OF THE SENIOR SUPERINTENDENT, K.S.E.B, OFFICE OF THE CHIEF ENGINEER (HRM) EXHIBIT P18 TRUE COPY OF THE BOARD ORDER (FTD) 1543/14(D&GE)D5/UNIFORM RATE/G1-158/13-14) DT. 31/5/14 EXHIBIT P19 TRUE COPY OF THE CIRCULAR NO. 8983/ADV.C3/15/P&ARD DT. 17/8/15 RESPONDENT'S EXHIBITS: EXHIBIT R1(A) TRUE COPY OF THE ORDER BO(FTD)580/2019 DATED 24.07.2019.

¶251

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶252

¶253

APPENDIX OF WP(C) 32887/2016

¶254

PETITIONERS' EXHIBITS:

¶255

EXHIBIT P1.	TRUE COPY OF NOTIFICATION	THE DATE	RELEVANT EXTRACT OF THE D 31/12/2011.
EXHIBIT P2.	TRUE COPY OF RANKED LIST	THE NO.56	RELEVANT EXTRACT OF THE 9/14/ROQ.
EXHIBIT P3.	TRUE COPY OF MINISTER TO	THE UNSTA	REPLY GIVEN BY THE RRED QUESTION NO.387.
EXHIBIT P4	TRUE COPY OF ENCLOSURE GI UNSTARRED QU	THE VEN B ESTIO	REPLY ALONG WITH ITS Y THE MINISTER TO N NO.7893.
EXHIBIT P5	TRUE COPY OF NO.1476/2013 8/7/2013.	THE /(EB4	BOARD ORDER (FN) )(E)/GNL/IIMK/2013) DATED
EXHIBIT P6	TRUE COPY OF IN THIRUVANA FROM THE OFF	THE NTHAP ICIAL	ADVICE DETAILS OF MAZDOORS URAM DISTRICT, DOWNLOADED WEBSITE OF THE PSC.
EXHIBIT P6(A)	TRUE COPY OF IN KOZHIKODE OFFICIAL WEB	THE DIST SITE	ADVICE DETAILS OF MAZDOORS RICT, DOWNLOADED FROM THE OF THE PSC.
EXHIBIT P6(B)	TRUE COPY OF IN PALAKKAD OFFICIAL WEB	THE DISTR SITE	ADVICE DETAILS OF MAZDOORS ICT, DOWNLOADED FROM THE OF THE PSC.
EXHIBIT P6(C)	TRUE COPY OF IN ALAPPUZHA OFFICIAL WEB	THE DIST SITE	ADVICE DETAILS OF MAZDOORS RICT, DOWNLOADED FROM THE OF THE PSC.
EXHIBIT P6(D)	TRUE COPY OF IN MALAPPURM OFFICIAL WEB	THE DIST SITE	ADVICE DETAILS OF MAZDOORS RICT, DOWNLOADED FROM THE OF THE PSC.
EXHIBIT P7	TRUE COPY OF	THE	ADVICE DETAILS OF MAZDOORS

¶256

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶257

¶258

	IN ELECTRICITY WORKER, DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE PSC.
EXHIBIT P8.	TRUE COPY OF THE ADVICE DETAILS IN ELECTRICITY WORKER/MAZDOOR , DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE PSC.
EXHIBIT P9.	TRUE COPY OF THE ADVICE DETAILS OF ASSISTANT ENGINEER (CIVIL) DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE PSC.
EXHIBIT P10.	TRUE COPY OF THE STATUS OF POSTS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE PSC.
EXHIBIT P11.	TRUE COPY OF THE ORDER (CM) 562/2013/ (IT/CU/LT/EPAYMENT/2012-13 DTED 14/3/2013.
EXHIBIT P12.	TRUE COPY OF THE LETTER NO.DB/RIA/2014- 15/45 DATED 7/2/2015 OF THE EXECUTIVE ENGINEER AND PUBLIC INFORMATION OFFICER, ELECTRICAL DIVISION, THIRUVANANTHAPURAM.
EXHIBIT P13.	TRUE COPY OF THE BOARD ORDER (FN) NO.2657/2013/(EB4)(C)/OA-CT/33/2013 DATED 11/12/2013.`
EXHIBIT P14.	TRUE COPY OF THE ORDER NO.EB.4(C)/OA/CASHIER TRAINEE/2014 DATED 1/3/2014 OF THE KSEB.
EXHIBIT P15.	TRUE COPY OF THE ORDER NO.EB3/PRO/CASHIER/10%/2014 DATED 25/10/2014.
EXHIBIT P16.	TRUE COPY OF THE ORDER OF THE SENIOR SUPDT., KSEB OF THE CHIEF ENGINEER (HRM).
EXHIBIT P17.	TRUE COPY OF THE BOARD ORDER (FTD) 1543/2014(D (D&GE)/D5/UNIFORM RATE/G1- 158/2013-14) DATED 31/5/2014.
EXHIBIT P18.	TRUE COPY OF THE CIRCULAR NO.8983/ADV.C3/2015/P&ARD DATED 17/8/2015.
EXHIBIT 19	TRUE COPY OF THE APPLICATION FILED ONE SRI. SREEJITH S. REGHU UNDER THE RIGHT TO

¶259

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶260

¶261

	INFORMATION ACT, 2005, FROM THE BOARD.
EXHIBIT P19(A)	TRUE COPY OF THE REPLY DATED 9.11.2016 TO EXT.P19.
EXHIBIT P20	TRUE COPY OF THE REPLY GIVEN BY THE HON'BLE MINISTER ON 18.10.2016 TO UNSTARRED QUESTION NO.3134.
EXHIBIT P20(A)	TRUE COPY OF THE B.O.NO.ESTT.111/2537/88 DATED 18.3.1988.
EXHIBIT P21	TRUE COPY OF THE REPLY GIVEN BY THE HON'BLE MINISTER ON 25.10.2016 TO UNSTARRED QUESTION NO.4462.
EXHIBIT P22	TRUE COPY OF THE REPLY GIVEN BY THE HON'BLE MINISTER ON 9.11.2016 TO UNSTARRED QUESTION NO.6676.
EXHIBIT P23	TRUE COPY OF THE GOVERNMENT LETTER NO.1208777/AVC-V(1)/2016/P&ARD DATED 18.2.2017.
EXHIBIT P24	TRUE COPY OF THE LETTER NO.ESTTII/4797/2016 DATED 17.12.2016 OF THE SECRETARY (ADMINISTRATION), KSEB TO THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS (AVC-V) DEPARTMENT.
EXHIBIT P25	TRUE COPY OF THE ADVICE DETAILS OF SUB ENGINEERS (ELECTRICAL) AS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE PSC.
EXHIBIT P26	TRUE COPY OF THE JUDGMENT DATED 24.1.2005 IN WPC NO.40416/2003-J OF THIS HON'BLE COURT.
EXHIBIT P27	TRUE COPY OF THE REPLY GIVEN BY THE HON'BLE MINISTER ON 9.11.2016 TO UNSTARRED QUESTION NO.6682.
EXHIBIT P28	TRUE COPY OF THE APPLICATION DATED 10.10.2017 SUBMITTED BY SRI.ANUMOD VARGHESE UNDER THE RIGHT TO INFORMATION ACT, 2005.

¶262

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶263

¶264

EXHIBIT P29 TRUE COPY OF THE REPLY DATED 25.10.2017 TO EXT.P28 ALONG WITH ITS ENCLOSURES.

¶265

RESPONDENT'S EXHIBITS:

¶266

EXHIBIT R1(A) TRUE COPY OF THE ORDER BO(FTD)580/2019(EB3/CASHIER/WPC NO.38794/2015) DATED 24.07.2019.

¶267

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶268

¶269

APPENDIX OF WP(C) 25052/2017

¶270

PETITIONERS' EXHIBITS:

¶271

EXHIBIT P1	A TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION DATED 31.12.2011.
EXHIBIT P2	A TRUE COPY OF THE REPLY GIVEN BY THE HONOURABLE MINISTER TO UNSTARRED QUESTION NO. 387.
EXHIBIT P3	A TRUE COPY OF THE REPLY ALONG WITH ENCLOSURES GIVEN BY THE MINISTER TO UNSTARRED QUESTION NO. 7893.
EXHIBIT P4	A TRUE COPY OF THE COMMUNICATION NO. ESTT. 11/4797/2016 DATED 17.12.2016 ISSUED BY THE FOURTH RESPONDENT TO THE SECOND RESPONDENT.
EXHIBIT P5	A TRUE COPY OF THE COMMUNICATION NO. 1208777/AVC-V(1)/2016/P&ARD DATED 18.02.2017 ISSUED BY THE SECOND RESPONDENT TO THE FOURTH RESPONDENT.

¶272

RESPONDENTS' EXHIBITS

¶273

EXT.R5	(A) COPY OF REPORT DATED BEFORE THE DIRECTOR	14.6.2017 SUBMITTED OF URBAN AFFAIRS.
EXT.R4	(A) COPY OF THE ORDER BO 24.07.2019	(FTD) 580/2019 DATED

¶274

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶275

¶276

APPENDIX OF WP(C) 29809/2017

¶277

PETITIONERS' EXHIBITS:

¶278

EXHIBIT P1	TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31.12.11 FOR CATEGORY NO.489/11.
EXHIBIT P2	TRUE COPY OF THE RELEVANT PARTS OF THE RANK LIST WITH NO.569/14/ROQ FOR CATEGORY NO.489/2011.
EXHIBIT P3	TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS OF THE 2ND MEETING OF 14TH KERALA LEGISLATIVE ASSEMBLY HELD ON 18.10.2016.
EXHIBIT P4	TRUE COPY OF THE ORDER WITH NO.BO.NO.ESTT, III/2537/88, DATED 18.3.1988.
EXHIBIT P5	TRUE COPY OF THE COMMUNICATION WITH NO.ESTT.II/4797/2016 DATED 17.12.2016.
EXHIBIT P6	TRUE COPY OF THE COMMUNICATION WITH NO.1208777/AVC-V(1)/2016/P&ARD DATED 18.2.2017.
EXHIBIT P7	TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS OF THE 5TH MEETING OF PRESENT KERALA LEGISLATIVE ASSEMBLY HELD ON 09.05.2017.
EXHIBIT P8	TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS OF THE 7TH MEETING OF PRESENT KERALA LEGISLATIVE ASSEMBLY HELD ON 23.08.2017.
EXHIBIT P9	INTERIM ORDER IN W.P.(C) NO.23320/2017 DATED 14.8.2017.
EXHIBIT P10	TRUE COPY OF THE GAZETTE NOTIFICATION DATED 13.10.2017 (CATEGORY NO.399/2017)
EXHIBIT P11	TRUE COPY OF THE LIST OF SENIOR ASSISTANTS WITH EMPLOYEE CODE WHO ARE WORKING AS

¶279

WP(C).No.23320 OF 2017(L) & CONNT. CASES.

¶280

¶281

CASHIER IN THE 3RD RESPONDENT.

¶282

EXHIBIT P12 TRUE COPY OF THE EXTRACT OF THE PROCEEDINGS OF THE 2ND MEETING OF THE KERALA LEGISLATIVE ASSEMBLY ON 25.10.2016 EXHIBIT P13 TRUE COPY OF THE LISTS OF CONTRACT EMPLOYEES FROM THE DISTRICTS OF KOZHIKODE AND KANNUR WITH THE DETAILS OF CONTRACT AMOUNT FOR THE MONTH OF SEPTEMBER 2016. EXHIBIT P14 TRUE COPY OF THE RELEVANT PART OF THE IIMK STUDY REPORT MENTIONING ABOUT CASHIER.

¶283

RESPONDENTS' EXHIBITS:

¶284

EXHIBIT R1 A TRUE COPY OF THE ORDER BO(FTD) 580/2019 DATED 24/7/2019. EXT.R6 (A) TRUE COPY OF THE REPORT DATED 14/6/17 SUBMITTED BEFORE THE DIRECTOR OF URBAN AFFAIRS.

Deepthimol Varghese v. Kerala Public Service Commission

Case brief

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Deepthimol Varghese v. Kerala Public Service Commission

Case brief

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What did the court decide?

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