Kerala High Court
Praveen Kumar K.P vs Kerala Public Service Commission on 13 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WA NO. 1039 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 7348/2021 OF HIGH COURT OF
KERALA, ERNAKULAM
APPELLANT/S:
PRAVEEN KUMAR K.P.
AGED 42 YEARS
S/O C.V.BALAKRISHNAN, PRESENTLY RESIDING AT PRANAVAM,
MATHUKKOTH P.O.VARAM, KANNUR-670 594.
BY ADV SHAMEENA SALAHUDHEEN
RESPONDENT/S:
1 KERALA PUBLIC SERVICE COMMISSION
REP. BY SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004.
2 KERALA PUBLIC SERVICE COMMISSION
THE DISTRICT OFFICER, KASARGOD, TIGER HILLS, BUILDING
NO KMC X11-38-D, MUNICIPAL ROAD, PULIKUNNU, KASARGOD-
671 121.
3 BENNY SEBASTIAN,
ARAKKAL HOUSE, MUTTOM P.O, THODUPUZHA, IDUKKI-685 587.
4 KERALA STATE CO-OPERATIVE BANK LIMITED,
REPRESENTED BY MANAGING DIRECTOR, P.B. NO 6515, CO BANK
TOWERS, PALAYAAM, THIRUVANANTHAPURAM-695 033.
SRI.P.C.SASIDHARAN, SC (FOR R1 AND R2)
SRI.M.SASINDRAN (FOR R4)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Writ Appeal No.1039 & 1048/2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WA NO. 1048 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 7348/2021 OF HIGH COURT OF
KERALA, ERNAKULAM
APPELLANT/S:
1 KERALA PUBLIC SERVICE COMMISSION
REP. BY SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004.
2 THE DISTRICT OFFICER
KERALA PUBLIC SERVICE COMMISSION, KASARAGOD, TIGER
HILLS, BUILDING NO.KMC XII-38-D, MUNICIPAL ROAD,
PULIKUNNU, KASARAGOD-671121.
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
1 PRAVEEN KUMAR K. P.
S/O.C.V.BALAKRISHNAN, PRESENTLY RESIDING AT PRANAVAM,
MATHUKKOTH P.O., VARAM, KANNUR-670594.
2 BENNY SEBASTIAN
ARAKKAL HOUSE, MUTTOM P.O., THODUPUZHA, IDUKKI-685587.
3 KERALA STATE CO-OPERATIVE BANK LIMITED
P.B.NO.6515, CO-BANK TOWERS, PALAYAM,
THIRUVANANTHAPURAM-695033.
OTHER PRESENT:
SRI.M.SASINDRAN,R3
SMT.SHAMEENA SALAHUDHEEN FOR R1 & R2
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Writ Appeal No.1039 & 1048/2021
3
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
========================================
Writ Appeal Nos.1039 of 2021
(Arising out of the judgment dated 4.8.2021 in W.P.(C) No.7348 of 2021)
&
Writ Appeal Nos.1048 of 2021
(Arising out of the judgment dated 4.8.2021 in W.P.(C) No.7348 of 2021)
========================================
Dated this the 13th day of August, 2021
JUDGMENT
Alexander Thomas, J.
Being aggrieved by the impugned judgment dated 4.8.2021
rendered by the learned Single Judge in W.P.(C)No.7348/2021,
both writ petitioners and the respondent- Kerala Public Service
Commission has now filed intra court appeals. Whereas the writ
petitioner has filed Writ Appeal No.1039/2021 to impugn the
judgment of the learned Single Judge by contending that the order
granted in the impugned judgment will not suffice and the main
prayers in the Writ Petition should have been granted. Whereas the
Kerala Public Service Commission has filed Writ Appeal
No.1048/2021 contending that the order granted in the impugned
judgment in the Writ Petition has to be interdicted by this appellate
Court, as there is no adjudication on the rival pleas in the case etc.
Writ Appeal No.1039 & 1048/2021
2. Heard Smt.Shameena Salahudeen, learned Counsel
appearing for the appellant in Writ Appeal No.1039/2021, who is
also R1 in Writ Appeal No. 1048/2021, Sri.P.C.Sasidharan, learned
Standing Counsel for the Kerala Public Service Commission
appearing for the appellants in Writ Appeal No.1048/2021, who is
also arrayed as respondents No.1 and 2 in Writ Appeal
No.1039/2021 and Sri.M.Sasindran, learned Standing Counsel
appearing for Kerala State Co-operative Bank Ltd., the respondent
No.4 in Writ Appeal No.1039/2021 and who is also R3 in Writ
Appeal No.1048/2021.
3. The writ petitioner had filed the instant writ petition
with the following prayers:
"i) issue a writ of mandamus or any other writ, order or direction
directing the respondent 1 and 2 to issue advice memo to the
petitioner for the post of Deputy General Manager before the expiry of
Ext.P3 ranked list.
ii) Direct the 1st and 2nd respondent to accept Ext.P7 and declare that the
petitioner is eligible to be advised from Ext.P3 ranked list.
iii) Direct the 4th respondent to issue appointment order to the petitioner
for the post of Deputy General manager.
iv) Declare that the petitioner is entitled for advice and appointment to
the post of Deputy General Manager in the Co-operative Bank,
Kasargod District.
v) To grant such other further reliefs as this Hon'ble Court may deem fit
and proper in the facts and circumstances of this case."
3. The learned Single Judge had initially granted an interim
order in the above Writ Petition on 9.7.2021, taking note of the fact
Writ Appeal No.1039 & 1048/2021
that there are only four candidates included in Ext.P3 rank list for
the post of Deputy General Manager in the Kasargod District Bank,
which has to expire on 4.8.2021 after its extension and that the
candidates with Rank No.1 and 2 are advised which resulted in
reporting of NJD vacancies and that Rank No.3 was not interested
to take up the advice memo or take up the appointment order and
that he was prepared to relinquish the appointment and that since
NJD vacancy has not been operated for advising Rank No.3, the
same has not resulted in yet another NJD vacancy. If the earlier
NJD vacancy was utilized for advising Rank No.3, then he would
have not joined duty, which resulted in NJD vacancy and that NJD
vacancy have reported before the expiry of the rank list on
4.8.2021, then the Writ Petitioner, who is Rank No.4, last ranking
candidate in the rank list, would have secured advice and
appointment. On this premise, the learned Single Judge has issued
the interim order in Writ Petition on 9.7.2021 ordering that the 3 rd
respondent in the Writ Petition (the aforesaid candidate is Rank
No.3 in the rank list), just above the Writ petitioner should be
advised immediately as otherwise if the consequential NJD vacancy
due to the non-joining of duty of the said party (Rank No.3) is not
Writ Appeal No.1039 & 1048/2021
reported on or before 4.8.2021, the case will become rather
infructuous etc. Whereas the PSC had taken the stand that the 13
District Co-operative Banks in the State including the Kasargod
District Co-operative Bank had been amalgamated with the Kerala
State Co-operative Bank so as to form a single entity, due to the
legislative amendment made to the Kerala Co-operative Societies
Act, 1969 and the said amalgamation process became legally
fructified due to the coming into force of the said amendment Act,
which came into force on 14.12.2019. Further, consequential
amendments are also made, whereby the District Co-operative
Banks were removed from the schedule of the Act as well the rules
w.e.f. 14.2.2019 and that therefore, the PSC has become functus
officio to advice candidates as against such District Co-operative
Banks, which have become non-existent in the eye of law on and
w.e.f. 14.2.2019. Hence, being aggrieved by the above said
impugned interim order, dated 9.7.2021 rendered by the learned
Single Judge in the above Writ Petition, the respondent- Public
Service Commission has preferred Writ Appeal No.888/2021,
wherein the Division Bench of this Court has passed interim order
on 15.7.2021, noting the rival submissions and ordering that the
Writ Appeal No.1039 & 1048/2021
impugned interim order dated 9.7.2021 rendered by the learned
Single Judge in the above Writ Petition shall remain stayed and
shall be kept in abeyance. This was to be in force for a period of two
months. However, this Court had also made certain observations in
the said interim order dated 15.7.2021 in Writ Appeal No.888/2021
to safeguard the rights and interest of the Writ Petitioner, if
ultimately the said Writ Appeal has to be dismissed and the said
interim order was found to cause any serious prejudice to the Writ
Petitioner etc. It is thereafter that the learned Single Judge has now
finally disposed of the above Writ Petition and the impugned
judgment rendered on 4.8.2021 noting the rival submission and
also observing that there is force in the submission of the Writ
Petitioner. But it is noted in the impugned judgment in the Writ
Petition that the Division Bench of this Court had already stayed
the interim order dated 9.7.2021, rendered in the Writ Petition as
per the above said interim order dated 15.7.2021 rendered in Writ
Appeal No.888/2021. Accordingly, it is observed in the impugned
judgment in the Writ Petition that no further orders or directions
are called for in the Writ Petition. With those observations, the
main Writ Petition itself has been disposed of as per the impugned
Writ Appeal No.1039 & 1048/2021
judgment rendered on 4.8.2021. The operative portion of the
orders and directions issued by the learned Single Judge in the
impugned judgment dated 4.8.2021 in the above Writ Petition are
contained in Paragraph No.9 of page 5 thereof, which reads as
follows:
"However, while placing on record the submissions of the learned Counsel
for either side and the documents produced along with the counter
affidavit, since the learned Division Bench is in seizin of the main issue, I
am not inclined to pass any further orders."
5. Now both sides have aggrieved by the above said directions
issued by the learned Single Judge. The Writ Petitioner would
point that the said order, disposing of the Writ Petition will not
enure any benefit to the Writ petitioner in as much as that there is
no final determination of the issues raised therein. The PSC would
also impugned the very same judgment on the ground that no final
determination has been made in the Writ Petition etc. Further, it is
to be noted that Writ Appeal No.888/2021, which arose out of the
interim order dated 9.7.2021 rendered in the Writ Petition was
earlier ordered to be posted along with connected Writ Appeals,
wherein the very same common were issues raised. Hence in a case
like this, either the Writ Petition should have awaited further
orders or verdict of the Division Bench in the above said Writ
Writ Appeal No.1039 & 1048/2021
Appeal No.888/2021 and connected matters in Writ Appeal
No.622 & 637/2021 etc. or the Writ Petition could have been
ordered to be placed before the Division Bench so as to be dealt
with along with the above said Writ Appeals. Alternatively, the Writ
Petition itself could have been disposed of on merits either by
allowing the prayers of the Writ Petition or dismissing the prayers
of the Writ Petition or issue suitable directions to the respondent
authorities concerned etc. The present orders in the Writ Petition
has been challenged by both sides. Hence we suggested to both
sides that the impugned judgment in the Writ Petition could be set
aside and the Writ Petition would be ordered to be restored to files
and the Writ Petition could be ordered to be heard along with other
pending Writ Appeals in other cases and the interim order passed
by the Division Bench on 15.7.2021 in Writ Appeal No.888/2021,
especially the observations regarding protection of the rights and
interest of the Writ Petitioner, in case, the pleas of the petitioner
are finally allowed etc. could be passed in the present Writ Petition.
Both sides are agreeable to the said course of action. Accordingly, it
is ordered that the impugned judgment dated 4.8.2021 in W.P.(C)
No.7348/2021 will stand set aside and the said Writ Petition will
Writ Appeal No.1039 & 1048/2021
stand restored to the files, to be heard and decided by the Division
Bench along with Writ Appeal Nos. 622 & 637/2021 etc.
With these observations and directions the above Writ
Appeals will stand disposed of. Hence all contentions available to
both sides are left open to be decided in the above Writ Petitions.
Sd/
ALEXANDER THOMAS, JUDGE
sd/
A. BADHARUDEEN, JUDGE
jm/
Writ Appeal No.1039 & 1048/2021
Writ Appeal No.1039 & 1048/2021
APPENDIX OF WA 1039/2021
PETITIONER ANNEXURE
Annexure A1 A TRUE COPY OF THE NOTIFICATION ALONG WITH
RELEVANT NOTIFICATION REGARDING INTERVIEW
WHICH APPEARED IN THE WEBSITE OF THE
APPELLANT AS WELL AS THE NEWS PAPER
PUBLICATION WHICH APPEARED IN KANNUR EDITION
OF DESABHIMANI DAILY DATED 24.7.2021
