Allowed

Priya v. State of Kerala

Kerala HC5 Apr 2022WP(C)/3679/2021

Case brief

AI extract

What is this about?

This writ petition challenged the non-appointment of the petitioners to vacant Junior Assistant/LDC posts. The Court held that with the dismissal of related challenges to supernumerary appointments, the vacancies became substantive and directed the PSC to advise the petitioners for assignment within two weeks.

What did the court decide?

Directed the PSC to advise the petitioners for appointment within two weeks and the Board to issue an appointment order.

Priya Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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TUESDAY, THE 5^TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944

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WP(C) NO. 3679 OF 2021

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PETITIONER/S:

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1 PRIYA AGED 41 YEARS D/O.KRISHNANKUTTY MENON, KIZHAKKEMADATHIL PARAMBIL HOUSE, PATTANAKKADU P.O., CHERTHALA - 688 531, ALAPPUZHA DISTRICT, NOW RESIDING AT VATTAPARAMBIL HOUSE, MUNDUPARAMBU, MALAPPURAM DISTRICT, PIN - 676 509. 2 ANJANA S. AGED 40 YEARS D/O.G.RAMACHANDRA PILLAI, NARAYANAPURAM BANGLOW, NELLIMUKAL P.O., MANAKKALA, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691 551. BY ADVS. V.S.CHANDRASEKHARAN D.AJITHKUMAR SRI.M.V.DAS SMT.LEKSHMI SWAMINATHAN SRI.S.JAYAKUMAR SRI.JACOB THOMAS

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 KERALA STATE PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, PIN - 695 004, REPRESENTED BY ITS SECRETARY. 3 KERALA HEADLOAD WORKERS WELFARE BOARD PB NO.2017, S.R.M.ROAD, ERNAKULAM, KOCHI, REP. BY ITS CHIEF EXECUTIVE OFFICER. BY ADVS. SHRI.P.C.SASIDHARAN, SC, KPSC SRI.S.KRISHNA MOORTHY, SC, KHWWB

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OTHER PRESENT:

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GP VENUGOPAL V

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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W.P.(C) No.3679 of 2021

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JUDGMENT

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Dated this the 05^th day of April, 2022

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The petitioners are included at ranked Nos.2330 and 2348 respectively in Ext.P1 Statewide ranked list for the post of Junior Assistant/Assistant Gr.II, LDC etc. On

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28.09.2018, the third respondent Board reported 35 fresh vacancies of LD clerks to the PSC. According to the petitioners, based on their rank, they are entitled to be appointed to those vacancies. In spite of reporting 35 vacancies, the PSC advised only three candidates from Ext.P1 rank list. The petitioners came to know that the remaining 32 vacancies are not filed up as the posts are occupied by supernumerary employees. The petitioners got information that physically disabled employees appointed to supernumerary posts of LD clerk and Office Assistants in the third respondent Board, based on G.O.(P) No.40/2013 dated 18.5.2013, had filed W.P.(C)

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W.P.(C) No.3679 of 2021

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No.36898 of 2018 seeking benefits equivalent to

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that of regular employees. That writ petition was allowed by Ext.P5 judgment, declaring that the petitioners are entitled for all benefits on the basis of their appointment to supernumerary posts. Ext.P5 and similar judgments rendered with respect to supernumerary appointment in various establishments was challenged by the Government in writ appeal. By Ext.P6 common judgment, the Division Bench allowed the appeals finding that the appointment of disabled persons to supernumerary posts was with the objective of

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extending a benefit subject to certain conditions. It was specifically stated in the Government order that the supernumerary appointees will have to remain in their posts until retirement. The Division Bench held that the imposition of such condition does not violate Article 14 of the Constitution of India and does not amount to discrimination. Based on the said

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W.P.(C) No.3679 of 2021

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findings, Ext.P5 judgment was set aside. In view of Ext.P5 judgment, the remaining 32 vacancies are available to be filled up from Ext.P1 rank list. This writ petition is hence filed seeking a writ of mandamus, directing the PSC to issue advice memo to the petitioners to the vacancies reported by the third respondent.

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An identically placed candidate had filed W.P.(C) No.4002 of 2021 seeking similar relief. By judgment dated 29.03.2022, the writ petition was allowed after elaborate consideration of the contentions put forth by the parties.

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Having heard the learned Senior Counsel for the petitioners and the learned Counsel for the respondents, I am convinced that the petitioners herein are also entitled for the same relief. Accordingly, the writ petition is allowed as under;

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(i) The third respondent had reported 36

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W.P.(C) No.3679 of 2021

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vacancies provisionally in view of the pendency of writ petitions filed by the supernumerary appointees. Those writ petitions having been dismissed, the vacancies are declared to be substantive in nature.

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(ii) Accordingly, the PSC shall advise

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the petitioners' names for appointment to the third respondent as expeditiously as possible and at any rate within two weeks of receipt of a copy of this judgment.

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appointment order to the petitioners within two weeks of receipt of the advice.

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Needless to say, the above directions are

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subject to the petitioners being eligible for advice and appointment based on their rank in Ext.P1 list.

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JUDGE

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Scl/05.04.22

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W.P.(C) No.3679 of 2021

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APPENDIX OF WP(C) 3679/2021

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PETITION	ER EXHIB	ITS
EXHIBIT	P1	TRUE COPY OF RANK LIST PREPARED BY 2ND RESPONDENT FOR THE POSTS OF JUNIOR ASSISTANT/ASSISTANT GRADE.11/LDC IN KSRTC,KLDB, SFCK ETC IN CATEGORY NO.490/2011.
EXHIBIT	P1(A)	THE TRUE COPY OF PARTICULAR PAGE IN EXHIBIT P1 SHOWING THE PETITIONERS RANK.
EXHIBIT	P2	TRUE COPY OF INTERIM ORDER IN WPC 31460/2018 DATED 18/06/2019 PASSED BY HONOURABLE HIGH COURT OF KERALA.
EXHIBIT	P3	TRUE COPY OF PROVISIONAL APPOINTMENT CHART ISSUED BY 2ND RESPONDENT.
EXHIBIT	P4	THE TRUE COPY OF LETTER ISSUED BY STATE PUBLIC INFORMATION OFFICER, PSC KOLLAM DATED 18/07/2019 UNDER RTI ACT.
EXHIBIT	P5	THE TRUE COPY OF THE ORDER IN WPC 36898/2018 DATED 11/03/2019 PASSED BY HONORABLE HIGH COURT OF KERALA.
EXHIBIT	P6	TRUE COPY OF COMMON ORDER IN WA 1394/2019 AND WA 2633/2017 DATED 01/02/2021 PASSED BY HONORABLE HIGH COURT OF KERALA.
EXHIBIT	P7	A TRUE COPY OF THE INTERIM ORDER DATED 29.3.2019 IN WPC NO-31460/2018

Priya v. State of Kerala

Case brief

What is this about?

What did the court decide?

Priya v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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