Kerala High Court
Kerala Public Service Commission vs Praveen Kumar K.P on 15 July, 2021
WA No.888/2021 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 15th day of July 2021 / 24th Ashadha, 1943
WA NO. 888 OF 2021
AGAINST ORDER DATED 9/07/2021 IN WP(C) 7348/2021 OF THIS COURT
---
APPELLANTS/RESPONDENT NOS. 1 & 2:
1.KERALA PUBLIC SERVICE COMMISSION, REPRESENTED 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 SRI.P.C.SASIDHARAN, STANDING COUNSEL
RESPONDENTS/PETITIONER & RESPONDENT NOS.3 & 4:
1.PRAVEEN KUMAR K.P., AGED 42 YEARS,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 LTD., P.B.NO.6515,
CO-BANK TOWERS,PALAYAM,THIRUVANANTHAPURAM-695033.
P.T.O.
WA No.888/2021 2/7
ADDL.R4.STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, CO-OPERATION
DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT NO.4 AS PER
THE ORDER DATED 15.07.2021 IN W.A.NO.888/2021.
BY ADV.SMT.SHAMEENA SALAHUDEEN FOR R1 & R2.
SRI.M.SASINDRAN, STANDING COUNSEL FOR R3.
SRI.ASHOK.M.CHERIAN,ADDL.A.G.FOR ADDL.R-4.
Prayer in the interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the impugned order dated
9/07/2021 in W.P.(C) No.7348/2021, pending final disposal of the Writ
Appeal.
This Writ Appeal coming on for admission on 15/07/2021 upon perusing
the appeal memorandum the Court on the same day passed the following:
P.T.O.
WA No.888/2021 3/7
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
================================
Writ Appeal No.888/2021
(Arising out of the interim order dated 9.7.2021
in W.P.(C)No.7348/2021)
================================
Dated this the 15th day of July, 2021
ORDER
Admit Writ Appeal.
Smt.Shameena Salahudeen, learned Advocate has taken
notice for R-1 and R-2. Sri.M.Sasindran, learned Standing
Counsel for the Kerala State Co-operative Bank has taken notice
for R-3. Service complete. The Registry will show the name of
the abovesaid Advocates in the cause-list.
2. It is urged by Sri.P.C.Sasidharan, learned Standing
Counsel for the Public Service Commission appearing for the
appellants that 13 District Co-operative Banks, including the
Kasargode District Co-operative Bank have been amalgamated
to form a single new corporate entity with the Kerala State Co-
operative Bank as per the enactment of the State Legislature,
promulgated as per gazette notification dated 14.2.2019, and
that therefore, further consequentially amendments were also
WA No.888/2021 4/7
Writ Appeal No.888/2021
made to the Schedule in terms of Sections 80 (3A) of the Kerala
Co-operative Societies Act, whereby the names of all the District
Co-operative Banks have been deleted from the said schedule.
Hence the District Co-operative Banks would no longer come
within the purview of the PSC Consultation Enactment
Regulations as these District Co-operative Banks have been
deleted from the Schedule with effect from 14.2.2019 and that
therefore the PSC has become functus officio in the matter of
making any advice to the erstwhile dismantled District Co-
operative Banks on and with effect from 14.2.2019, etc. Similar
issues are also raised in connected matters in Writ Appeal
No.622/2021 and 637/2021 and in one such case, we have
already requested Sri.Asok M Cherian, learned Additional
Advocate General to get instructions from the competent
authorities of the State Government to apprise this Court about
the stand of the State Government on these issues. We are also
apprised that in a judgment rendered by a learned Single Judge,
similar relief has been denied, which has led to Writ
Appeal No.637/2021, whereas a contra view has been
taken by the learned Single Judge in the present impugned
WA No.888/2021 5/7
Writ Appeal No.888/2021
interim order, etc.
3. Having regard to these aspects and also having regard
to the substantial involvement of questions raised in these
matters, we feel it necessary that an interim order will have to
granted. Accordingly, it is ordered that the operation and
enforcement of the impugned interim order dated 9.7.2021
rendered in W.P.(C) No.7348/2021 will stand stayed and shall
be kept in abeyance. This order will be in force for a period of
two months. The learned Counsel for the appellants submit that
the ranked list is to expire shortly and the non reporting of the
NJD vacancy likely to arise now, will seriously prejudice the
appellants. We make it clear that if ultimately the writ appeal is
dismissed and it is found that the present interim stay order has
prevented the reporting of the NJD vacancy likely to arise,
before the expiry of the ranked list, then the appellants'
contention regarding the serious prejudice caused by the interim
stay order will be seriously considered. In such a scenario, it will
be open to the appellants to contend that the NJD vacancy
should be treated to have been reported before the expiry of the
WA No.888/2021 6/7
Writ Appeal No.888/2021
ranked list and suitable directions could be issued to the
appointing authority to ensure that the prejudice caused is dealt
with adequately, if the writ appeal is finally dismissed.
4. After hearing both sides, we feel that State of Kerala
should also be heard this case and accordingly, with the consent
of both sides it is ordered that State of Kerala, represented by
the Principal Secretary to the Government, Co-operation
Department, Govt. Secretariat, Thiruvnanthapuram will suo
motu impleaded as Additional respondent No.4 in this appeal.
5. Learned Counsel for the appellants will furnish two
additional copies of this memorandum of writ appeal along with
all Annexures to the learned Senior Government Pleader. As
ordered in the connected case, we also request that Sri. Asok M.
Cherian, learned Additional Advocate General may enter
appearance in this Court and apprise this Court about the stand
of the State Government after getting instructions from the
State.
WA No.888/2021 7/7
Writ Appeal No.888/2021
List this case along with Writ Appeal Nos. 622/2021 and
637/2021 on 11.8.2021.
H/O.
Sd/
ALEXANDER THOMAS, JUDGE
sd/
A. BADHARUDEEN, JUDGE
jm/
15-07-2021 /True Copy/ Assistant Registrar
