The High Court dismissed a writ petition challenging the non-consideration of petitioners' names for Assistant Crane Drivers. Since the rank list had already expired before the petition was filed, the Court held it could not direct extension or appointment.
Petition dismissed as the rank list had expired before the admission of the writ petition.
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 RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 WP(C) NO. 14489 OF 2023
PETITIONER/S:
1JITHU.T
AGED34YEARS
S/OSUBRAMANIAMT,THEKKEDATHHOUSE,PALAYILPADI,
KARUVANTHIRUTHIPO,FEROKE,KOZHIKODEDISTRICT,
PIN-673631
2SHIBIN.T.C
AGED35YEARS
S/OKANARAN,12/317,THAZHECHOLANGATTUHOUSE,
NARIPATTA(PO),KALLACHI,KOZHIKODEDISTRICT,
PIN-673506
3SAYOOJ.M
AGED31YEARS
S/OSUKUMARAN,MALAYILOLAPPARA,CHELANNOOR,
KANNAMKARA,KOZHIKODEDISTRICT,PIN-673616
4SANEESH.M
AGED34YEARS
SAVITHAM,MOOTHATTU,VENGERIPO,
KOZHIKODEDISTRICT,PIN-673010
5ANILKUMAR.G
AGED37YEARS
C/OGOPINATHANP,PEZHUVILAKIZHAKKETHILVEEDU,
KARIYARA,VILAKKUDI,KOLLAMDISTRICT,PIN-691332
6VINEESH.S
AGED31YEARS
SRVNIVAS,480,PARTHUKONAM,MANAMBOOR,
THIRUVANANTHAPURAMDISTRICT,PIN-695611
BYADVS.
DEEPAKRAJ
C.P.ROOPA
RESPONDENT/S:
1STATEOFKERALA
REPRESENTEDBYITSSECRETARYTOGOVERNMENT,
SECRETARIAT,THIRUVANANTHAPURAMDISTRICT,
PIN-695001
W.P. (C) No.14489 of 2023
2
2 PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM DISTRICT, PIN - 6950043 THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM DISTRICT, PIN - 6950014THECHAIRMAN
THEKERALAMARITIMEBOARD,WILMONTPARK,DOORNO:
39/2790-B(NEWNO:62/450),WARRIAMROAD,
ERNAKULAMDISTRICT,PIN-682013
SRI.PCSASIDHARAN,SCFORKPSC.
SMT.MARYBEENAJOSEPH,SR.GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
22.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
W.P. (C) No.14489 of 2023
3
JUDGMENT
The petitioners are applicants who were included in the Ext P1 ranked list. Being aggrieved by the non-consideration of their names for filling up the existing vacancies, the petitioners filed Ext P2 & Ext P3 representations, and their grievance is that their representation is not being considered. It is on these assertions that this writ petition is filed seeking the following reliefs:
i). Issue a writ of mandamus or such other writ or direction directing the 2nd respondent to extend the validity of Exhibit P1 rank list and accelerate the appointment procedures in the existing vacancies for the post of Assistant Crane Drivers (Electrical) and to appoint the petitioners as Assistant Crane Drivers (Electrical) as per their rank in Exhibit P1 without any delay.
(ii). Declare that petitioners are entitled to get an appointment for the post of Assistant Crane Drivers (Electrical) in different Ports. (iii). Direct the 1st respondent to consider Exhibit P2 and Exhibit P3 and pass an order to the effect that the 2nd respondent to accelerate the appointment procedures in the existing vacancies for the post of Assistant Crane Drivers (Electrical) and to appoint the petitioners as Assistant Crane Drivers (Electrical) as per Exhibit P1, the rank list.
(iv). Direct the 4th respondent to dismiss all the private Crane Drivers from the different Ports and not to make further private appointments and to report all the existing and anticipating vacancies to the 2nd respondent without any delay.
due to expire on 28.4.2023. The petitioners were not granted any interim order and the list has not been extended either. The rank list having expired, the
W.P. (C) No.14489 of 2023
4
question of directing the Public Service Commission to advise the petitioners did not arise.
the post of Assistant Crane Drivers (Electrical) as prayed for.
This writ petition is dismissed.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE
NS/22/11/2023
W.P. (C) No.14489 of 2023
5
APPENDIX OF WP(C) 14489/2023
PETITIONEREXHIBITS
Exhibit P1 |
A TRUE COPY OF THE RANKED LIST PREPARED BY THE2ND RESPONDENT FOR THE POST OF ASSISTANT CRANEDRIVERS (ELECTRICAL) |
|---|---|
Exhibit P2 |
A TRUE COPY OF THE REPRESENTATION DATED25.10.2022 SUBMITTED BEFORE THE HON'BLE CHIEFMINISTER OF KERALA BY THE 1ST PETITIONER |
Exhibit P3 |
A TRUE COPY OF THE REPRESENTATION DATED16.11.2022 SUBMITTED BEFORE THE HON'BLE CHIEFMINISTER OF KERALA BY THE 2ND PETITIONER |
Exhibit P4 |
A TRUE COPY OF THE REPLY DATED 16.12.2022ISSUED BY THE 4TH RESPONDENT |
2 issues framed by the court
Whether the Court can extend the validity of an expired rank list to appoint petitioners.
Whether the petitioners are entitled to immediate appointment at existing vacancies.
JITHU.T AND OTHERS
STATE OF KERALA
PUBLIC SERVICE COMMISSION
SECRETARY KERALA PUBLIC SERVICE COMMISSION
CHIEF MANAGER KERALA MARITIME BOARD
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court