Kerala Public Service Commission, Vs Aziya S.

1 AZIYA S., AGED 31 YEARS WIFE OF FIROZ I, LOWER DIVISION CLERK (TAMIL AND MALAYALAM KNOWING), MUNSIFF COURT, NEAR CIVIL STATION, PALAKKAD, KERALA- 678 001, PRESENTLY RESIDING AT KADUNGALAM, THOLLANUR, PALAKKAD, KERALA, PIN - 678722

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2 DEEPIKA D., AGED 26 YEARS WIFE OF JITHAN P, LOWER DIVISION CLERK (TAMIL AND MALAYALAM KNOWING), MUNSIFF COURT, CHITTOOR, PALAKKAD, KERALA- 678 101 PRESENTLY RESIDING AT J P NILAYAM, SURYAPARA, ATHICODE P O, PALAKKAD, KERALA-678 554, PIN – 678554

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W.A.No.1053 of 2023

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2

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2025:KER:27818

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3 GIRISH KUMAR M., AGED 36 YEARS

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SON OF S MUTHUKUMARAN, YEARS, LOWER DIVISION CLERK (TAMIL AND MALAYALAM KNOWING), MOTOR ACCIDENTS CLAIM TRIBUNAL, CIVIL STATION, PALAKKAD, KERALA- 678 001 RESIDING AT CHERIYA NADAKKALAM, ATHICODE, PALAKKAD, KERALA-678 554., PIN - 678554

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4 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001, PIN - 695001

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5 THE DISTRICT JUDGE DISTRICT AND SESSIONS COURT, CIVIL STATION COMPLEX, PALAKKAD, KERALA-678 001, PIN - 678001

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BY ADV REKHA VASUDEVAN

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.No.1053 of 2023

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2025:KER:27818

JUDGMENT

Anil K. Narendran, J.

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Respondents 3 and 4 in W.P.(C)No.4526 of 2023 have filed this writ appeal, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958 challenging the interim order dated 22.02.2023 of the learned Single Judge in that writ petition, which was one filed by respondents 1 to 3 herein. That interim order reads thus;

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''Respondents 3 and 4 to file a counter affidavit.

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In the facts of the case, there will be an interim order staying the operation of Exhibit P8 addendum/erratum notification in so far as it is applicable to the petitioner and there will be a direction not to terminate the service of the petitioner.''

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On 07.06.2023, when this writ appeal came up for consideration, it was ordered to be listed along with O.P. (KAT)No.130 of 2023. In the order dated 07.06.2023, it was made clear that the interim order passed by the Division Bench

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of this Court in that original petition shall apply to the instant case as well.

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Today, when this matter is taken up for consideration, the learned Standing Counsel for Kerala Public Service Commission and also the learned counsel for

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W.A.No.1053 of 2023

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4

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2025:KER:27818 respondents 1 to 3-writ petitioners would point out that W.P. (C)No.4526 of 2023 has already been allowed by the judgment dated 24.03.2025 following the decision of a Division Bench of this Court in Ibrahim Sherif K. v. Malathi B.P. [2025 KHC Online 254].

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The learned Standing Counsel for Kerala Public Service Commission would submit that the Commission is in the process of challenging the aforesaid decision of the Division Bench by filing an SLP. Therefore, this writ appeal may be dismissed as infructuous, in view of the disposal of W.P. (C)No.4526 of 2023, by leaving open the legal and factual contentions.

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In such circumstances, based on the aforesaid submission,

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this writ appeal is dismissed as infructuous, in view of the final disposal of W.P.(C)No.4526 of 2023; however, leaving open the legal and factual contentions raised by both sides.

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Sd/ANIL K. NARENDRAN, JUDGE

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Sd/-

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MURALEE KRISHNA S., JUDGE

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Dxy

Kerala Public Service Commission, v. Aziya S.

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Kerala Public Service Commission, v. Aziya S.

Case brief

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