Citation : 2021 Latest Caselaw 1304 Ker
Judgement Date : 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
RP.No.1006 OF 2020 IN OP(KAT). 378/2019
AGAINST THE JUDGMENT DATED 09-12-2020 IN OP(KAT) 378/2019 OF HIGH COURT OF
KERALA
REVIEW PETITIONERS/RESPONDENTS 2 - 6:
1 SREEJITH S.,AGED 25 YEARS
SREENILAYAM, EAST OF SVHS, ALAPPUZHA, CHERIYANADU, PIN-689
511.
2 KEERTHY G.KRISHNAN,KEDHARAM, AZHOOR, PATHANAMTHITTA, PIN-
689 645.
3 SETHULAKSHMI.B.,KALAPPALLIL, KULASEKHARAMANGALAM, KOTTAYAM.
4 SREEKUTTY.P.S.,CHAKKALAYIL VEEDU, PERUMPUZHA, KOLLAM-691
504.
5 PRABHAVATHY.T.G.,BEENALAYAM, PALLICKAL,
PATHANAMTHITTA-690 504.
BY ADV. SRI.E.NARAYANAN
RESPONDENTS/RESPONDENT NO.1 AND PETITIONERS:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PARTTOM, PALACE P.O.,
THIRUVANANTHAPURAM, PIN-695 004.
2 SREEJITH.T.S.
AGED 28 YEARS
S/O.T.K.SASI, THUNDATHIL HOUSE, KADAPPATTOOR P.O.,
KOTTAYAM-686 574.
3 SHIJI.S.,AGED 25 YEARS,D/O.SAJU.K., NEST HOUSE, PULIYARA,
EZHUKONE P.O., KOLLAM, PIN-691 505.
4 ANJALI K.BABU,AGED 25 YEARS,D/O.P.K.BABU, KANNAMPURAM
HOUSE, POOZHIKOL P.O., APPANCHIRA, KOTTAYAM-686 604.
5 AKHIL SYAM.B.AGED 26 YEARS
S/O.BASKARAN K., ANAMIKA HOUSE, AKKARAPPADAM P.O., VAIKOM,
KOTTAYAM-686 143.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13.01.2021, ALONG WITH
RP.1009/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.Nos.1006 & 1009 of 2020 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
RP.No.1009 OF 2020 IN OP(KAT). 358/2019
AGAINST THE JUDGMENT IN OP(KAT) 358/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 2 -6:
1 SREEJITH S.,AGED 25 YEARS
SREENILAYAM, EAST OF SVHS, ALAPPUZHA, CHERIYANADU,
PIN-689511.
2 KEERTHY G. KRISHNAN,KEDHARAM, AZHOOR, PATHANAMTHITTA,
PIN-689645.
3 SETHULAKSHMI B.,KALAPPALLIL, KULASEKHARAMANGALAM,
KOTTAYAM.
4 SREEKUTTY P.S.,CHAKKALAYIL VEEDU, PERUMPUZHA, KOLLAM-
691504.
5 PRABHAVATHY T.G.,BEENALAYAM, PALLICKAL,PATHANAMTHITTA-
690504.
BY ADV. SRI.E.NARAYANAN
RESPONDENTS/RESPONDENT NO.1 AND PETITIONER:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM, PALACE P.O.,
THIRUVANANTHAPURAM, PIN-695004.
2 VISHNU VELAYUDHAN,AGED 26 YEARS
S/O.VELAYUDHAN M.K., MUKKUTTIPPARAMBIL HOUSE,
KURICHILAKODE, KODANAD P.O., ERNAKULAM-683544.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13.01.2021, ALONG
WITH RP.1006/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.Nos.1006 & 1009 of 2020 3
ORDER
[ RP.1006/2020, RP.1009/2020 ]
Dated this the 13th day of January 2021
Gopinath, J.
These review petitions have been filed by party respondents in
O.P (KAT) Nos. 358/2019 & 378/2019 pointing out that the last line of our
judgment dated 9.12.2020, where we have directed that persons lower in rank
than the petitioners in the original petitions (on re-cast of the rank list) who have
already been advised and appointed shall not be disturbed is liable to be
reviewed. We have heard the learned counsel for the review petitioners and the
learned counsel for the respondents in these review petitions.
2. The learned counsel for the review petitioners submits that since we
have directed a re-cast of the rank list, persons other than the petitioners in the
Original Petitions who are similarly situated may also be included in the rank list.
He would submit that we should therefore protect those who have already been
advised and appointed even if they are below the petitioners in the Original
Petitions as well as all the persons who may be included in the rank list on its re-
cast. The Learned Counsel for the petitioners in the Original Petitions have no
objection to the contention raised as above on behalf of the review petitioners. .
We also think that there is merit in the contention of the learned counsel for the
review petitioners. We, therefore, dispose of these review petitions in the
following manner. The last line of the common judgment dated 9.12.2020 in O.P
(KAT) Nos. 358/2019 & 378/2019 will read as follows:-
"We make it clear that, if anyone lower in rank than the petitioners and/or
others who are included in the re-casted rank list have already been advised
and appointed, such appointments shall not be disturbed".
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
JUDGE
acd
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