Jayakanth S. vs Chairman & Managing Director
2021 Latest Caselaw 944 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      WP(C).No.32426 OF 2011(C)


PETITIONERS:

      1        JAYAKANTH S., S/O.SASIDHARAN NAIR,
               AGED 26, `PRANAVAM', VEMBILLY P.O., THADAMBAD,
               ERNAKULM DISTRICT, PIN-683 565, (RANK LIST NO.17).

      2        JUBAIR U.B. S/O.A.BAVA, AGED 26
               UTTUKULATHIL HOUSE, VADUTHALA JETTY P.O.,,
               AROOKKUTTY, ALAPPUZHA DISTRICT,, PIN-688 535 (RANK
               LIST NO.18).

      3        JOEMON JOY, S/O.JOY.O.A.
               AGED 23, ODATHAKKAL HOUSE, NAYARAMBALAM,, ERNAKULAM
               DISTRICT, PIN-682 509, (RANK LIST NO.16).

      4        ANUP K.C. S/O.CHANDRASEKHARAN
               AGED 25, KUTTIKATTU HOUSE, UDAYANAPURAM, VAIKKOM,,
               KOTTAYAM DISTRICT, PIN-686 143., (RANK LIST NO.27).

      5        AJITH M.RAJAN, S/O.RAJAN K.V.
               AGED 23, MANGATTEL HOUSE, MONAPPILLY,,
               POTHENCRUZ P.O., ERNAKULAM DISTRICT,, PIN-682 308.,
               (RANK LIST NO.21).

      6        ABHISHEK C.N. S/O.NARAYANAN, AGED 23
               CHILLIKOODATHIL HOUSE, NANTHYATTUKUNNU,, NORTH PARUR,
               ERNAKULAM DISTRICT, PIN-683 513., (RANK LIST NO.19).

      7        SREERAJ.C.R. S/O.RAJAPPAN K.A.
               AGED 23, CHILAMBASSERIL HOUSE, VADUTHALA JETTY P.O,
               AROOKUTTY, ALAPPUZHA DISTRICT, PIN-688 535., (RANK
               LIST NO.26).

      8        PRAJEESH.R. S/O.RAJENDRAN
               AGED 23, KALMUKKU HOUSE, AYALUR P.O.,, PALAKKAD
               DISTRICT, PIN-678 510., (RANK LIST NO.13).

      9        RAJESH KRISHNAN.S. S/O.SURESH
               AGED 23, PUTHENVEEDU, PALLIPURAM P.O.,, CHERTHALA,
               ALAPPUZHA-688 541, (RANK LIST NO.15).
 WP(C).No.32426 OF 2011(C)

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        10       BIJOY K.JOSEPH S/O.JOSEPH, AGED 22
                 KUNNAN HOUSE, ERAVU P.O., THRISSUR DISTRICT,,
                 PIN-680 620., (RANK LIST NO.22).

        11       ANIL.C.A S/O.AMBUJAKSHAN PILLAI
                 AGED 23, CHITTETH HOUSE, MANJEMMEL P.O.,,
                 UDYOGAMANDAL, ERNAKULAM DISTRICT, PIN-683 501.,
                 (RANK LIST NO.24).

        12       YADHU.V.P. S/O.PUSHPANGADHAN
                 AGED 23, VADUKUTTAYIL HOUSE, P.O.PUTHENVELIKARA,,
                 ERNAKULAM DISTRICT, PIN-683 594., (RANK LIST
                 NO.25).

        13       MOHAMMED SHERJAS S/O.HUSSAIN N.
                 AGED 23, SHAAS THEKKEDATH HOUSE,, SRANK PADI, FERUK
                 P.O., KOZHIKODE, PIN-673 631,, (RANK LIST NO.14).

                 BY ADVS.
                 SRI.S.SREEKUMAR (SR.)
                 SRI.ANEESH JAMES
                 SRI.P.MARTIN JOSE
                 SRI.P.PRIJITH

RESPONDENTS:

        1        CHAIRMAN & MANAGING DIRECTOR
                 CORPORATE OFFICE, FERTILIZERS & CHEMICALS
                 TRAVANCORE LTD. (FACT), UDYOGAMANDAL,, PIN-683 501,
                 ERNAKULAM DISTRICT.

        2        GENERAL MANAGER (HR), CORPORATE OFFICE,
                 FERTILIZERS & CHEMICALS TRAVANCORE LTD. (FACT),
                 UDYOGAMANDAL, PIN-683 501,, ERNAKULAM DISTRICT.

                 SRI.P.BENNY THOMAS
                 SRI.P.GOPINATH
                 SRI.K.JOHN MATHAI
                 SRI.E.K.NANDAKUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.32426 OF 2011(C)

                                       3


                                JUDGMENT

Dated this the 11th day of January 2021

The petitioners have approached this Court inter alia

seeking that all proceedings pertaining to Exts.P4 and P6 be

deferred until Ext.P1 rank list is exhausted.

This matter has been filed as early as in 2011 and on

07.12.2011, this Court had passed the following order:

"The complaint of the petitioners is that as per Exts.P2, P4 and P6 notifications, the petitioners who are degree holders in Chemistry are sought to be excluded from competing for appointments in the service of the respondents. The counsel for the respondents on the other hand submits that Ext.P6 is an addendum to Ext.P4 and that Exts.P2 and P4 notifications do not exclude degree holders in Chemistry like the petitioners. It is further submitted that the petitioners are also free to apply pursuant to the notifications Exts.P2 and P4, provided they are within the age limit stipulated therein. The above submission is recorded. Therefore, it is open to the petitioners also to apply pursuant to the said notifications, if they so choose."

The rank list in question, namely Ext.P1 was to be remain in

force for a period of three years and it is obvious that it has now

expired at this point of time. I am, therefore, of the view that no

further orders are required in this writ petition.

This writ petition is thus closed confirming the earlier

extracted interim order dated 07.12.2011.

Sd/- DEVAN RAMACHANDRAN

Stu JUDGE WP(C).No.32426 OF 2011(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RANK LIST FOR THE POST OF PROCESS OPERATOR/TECHNICIAN ON CONTRACT BASIS FOR 3 YEARS RELEASED BY THE 1ST RESPONDENT UNDERTAKING (RELEVANT PAGE).

EXHIBIT P2 TRUE COPY OF THE ADVERTISEMENT NO.3/08 ISSUED BY THE 1ST RESPONDENT UNDERTAKING DATED 10/09/2008.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FORM SUBMITTED BY THE 3RD PETITIONER.

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNDERTAKING DATED 24/10/2011.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FROM THE PETITIONERS TO THE 1ST RESPONDENT DATED 28/10/2011.

EXHIBIT P6 TRUE COPY OF AN ADDITIONAL ADVERTISEMENT NO.4(1) 11 DATED 21/11/2011.

EXHIBIT P7 TRUE COPY OF REPLY DATED 01/12/2011 FROM THE CENTRAL PUBLIC INFORMATION OFFICER OF THE RESPONDENT UNDERTAKING.

EXHIBIT P8 TRUE COPY OF APPLICATION DATED 17/12/2011 SUBMITTED BY THE 3RD PETITIONER.

EXHIBIT P9 TRUE COPY OF REPLY DATED 13/01/2012 ALONG WITH ANSWERS.