Jayachandran Ambalapurathu vs Kerala Minerals & Metals Ltd
2021 Latest Caselaw 2653 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                      WP(C).No.34071 OF 2014(H)


PETITIONER:

               JAYACHANDRAN AMBALAPURATHU, AGED 34 YEARS
               S/O.KRISHNANKUTTY,AMBALAPURATHU HOUSE,
               MURUKADY P.O,KUMALY 685535

               BY ADVS.
               SRI.P.S.SREEDHARAN PILLAI
               SRI.ARJUN SREEDHAR
               SRI.ARUN KRISHNA DHAN
               SRI.JOSEPH GEORGE(MULLAKKARIYIL)
               SHRI.T.K.SANDEEP

RESPONDENTS:

      1        KERALA MINERALS & METALS LTD
               REP BY ITS MANAGING DIRECTOR,
               SANKARAMANGALAM,CHAVARA,KOLLAM 691 583

      2        KERALA PUBLIC SERVICE COMMISSION
               REP BY ITS SECRETARY,PATTOM,
               THIRUVANANTHAPURAM 695 004

      3        ANANDRAJ K.C., KADAPPILYTHARA HOUSE,
               MALIPPURAM PO, ERNAKULAM - 682 511


               BY ADVS.
               SRI.K.ANAND SR.
               SMT.LATHA KRISHNAN
               SRI.P.C.SASIDHARAN, SC, KPSC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 34071/14
                                            2


                                     JUDGMENT

The petitioner has approached this Court

seeking a declaration that he is the only

eligible and qualified person in Ext.P3 rank

list and the other candidates are not so. He,

therefore, prays that the 2nd respondent be

directed to advise the 1st respondent to

appoint him to the post of Junior

Documentation Assistant as per Ext.P1

notification.

2. I notice that this writ petition was

filed as early as in the year 2014 and except

for an order of status quo, the petitioner had

not been able to obtain any directions in his

favour.

3. Today, Smt.Latha Anand - learned

Standing Counsel for the respondent, submitted

that even before the order of status quo had

been issued by this Court, Rank No.1 in Ext.P3

list, namely the 3rd respondent, had been WPC 34071/14

appointed on 24.10.2014 and that he has been

working in such capacity for the last more

than 7 years.

4. Since I notice that the petitioner's

allegation is that he is the only eligible

candidate and that he alone is thus entitled

to be appointed to the post of Junior

Documentation Assistant in the service of the

respondent, I do no think that it will be

justified for this Court to enter into an

assessment of these aspects, after eight years

have passed since Ext.P3 rank list had come

into force and also because no challenge has

been made against the appointment of the 3rd

respondent.

In the afore circumstances, I close this

Writ Petition without any further orders.

Sd/-

                                            DEVAN RAMACHANDRAN
      RR                                               JUDGE
 WPC 34071/14


                           APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 EXHIBIT P1 A TRUE COPY OF THE GAZETTE NOTIFICATION DATED 16-05- 2011 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE DATED 07-12-2011 ISSUED BY PROJECT DIRECTOR,ATV PROJECT,VSSC

EXHIBIT P2(A) EXHIBIT P2(A) A TRUE COPY OF THE CERTIFICATE DATED 09-11-2011 ISSUED BY PROJECT DIRECTOR,ATV PROJECT,VASSC

EXHIBIT P3 EXHIBIT P3 A TRUE COPY OF THE RANK LIST NO 500/14/SSIV ISSUED BY 2ND RESPONDENT

EXHIBIT P4 EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 26-09-2014 ISSUED BY 2ND RESPONDENT

EXHIBIT P5 EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO 23514/PE/87/PLG DATED 05-07-1988