Kerala High Court
Jobish T.J vs The Kerala Road Transport ... on 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Wednesday, the 20th day of October 2021 / 28th Aswina, 1943
WA NO. 1335 OF 2021
AGAINST JUDGMENT DATED 07/07/2021 IN WP(C) 23965/2020 OF THIS COURT.
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APPELLANTS/PETITIONERS IN W.P.:
1.JOBISH T.J.,THADATHIL HOUSE,VADEVATHOOR P.O.,
KALAETHIPADY, KOTTAYAM - 686 210.
2.AKHIL K.JOSE, KANIPARAMBIL HOUSE, VARAPETTY P.O.,
KOTHAMANGALAM, ERNAKULAM - 686 691.
3.BABU P.K.,PANAYAMTHENGIL HOUSE, CHELAKOMBU P.O.,
KARUKACHAL, KOTTAYAM - 686 540.
4.SHAJI MATHEW,VERICKANELLICKAL HOUSE,CHAMPAKAPPARA P.O.,
CHEMPAKAPPARA,IDUKKI -686 514.
5.NIKHIL N.K.,VENGAVILA VEEDU,CHEPRA P.O.,
VILANGARA,PIN-691 520.
6.RIJU A.DEVASIA,ARMACHERIYIL HOUSE,ELANJI P.O.,
ELANJI,ERNAKULAM -686 665.
7.RATHEESH L,THACHARUKONATHU PUTHUVEL PUTHENVEEDU,
ARASUPARAMBA,NEDUMANGAD P.O.,THIRUVANANTHAURAM -695 541.
8.PRINCE Z., PARANGIMAM VILA VEEDU, PULAMON P.O.,
KOTTARAKKARA, KOLLAM - 691 531.
9.MOBIN K.BABY,KAKKANADE HOUSE,NATTAKAM P.O.,
KOTTAYAM - 686 013.
10.BINEESH A.P.,ADIYANAYIAL HOUSE, PAZHOOR P.O.,
PIRAVAM, ERNAKULAM - 686 664.
P.T.O.
11.BINUMON B.R.,BINU BHAVAN,KURIYODU THEKKEKKARA,
ELUVILLA P.O., THIRUVANANTHAPURAM - 695 504.
12.JESTIN RAJ N.A.,NHARAKKATTIL HOUSE, VAYALADA P.O.,
UNNIKULAM, KOZHIKODE - 673 574.
13.RAJAN V.J.,VILAKRIYAN HOUSE, S.T.MARY COLONY,
PARIYARAM P.O., KANNUR - 670 602.
14.BINU A.,CHEMMANNUVILA VEEDU, MARIYAPURAM,
MARIYAPURAM P.O., THIRUVANANTHAPURAM - 695 122.
15.ABHILASH H.S.,PAZHANJIKUZHI, PERUMPAZHUTHOOR P.O.,
NEYYATTINKARA, THIRUVANANTHAPURAM - 695 126.
16.BLIGHTY,VALIYA PARAMBIL HOUSE, CHOLLIYODE P.O.,
MUZHIMALAM, SULTHAN BATHERY, WAYANAD - 673 592.
BY ADVS.M/S.P.NANDAKUMAR & AMRUTHA SANJEEV
RESPONDENTS/RESPONDENTS IN W.P.:
1.THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 001,
REPRESENTED BY ITS MANAGING DIRECTOR.
2.THE CHAIRMAN AND MANAGING DIRECTOR,
THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 001.
3.THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,
PATTOM, THIRUVANANTHAPURAM - 695 004.
Prayer for 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 of the judgment dated 07.07.2021 in WP(C)No.23965 of
2020, pending disposal of the above Writ Appeal.
This Writ Appeal coming on for orders on 20/10/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P1:TRUE COPY OF THE NOTIFICATION VIDE CATEGORY NO.227/2014
ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.
EXT.P2:TRUE COPY OF THE RANK LIST DATED 29.03.2017
PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION.
EXT.P3:TRUE COPY OF THE ADVICE MEMO DATED 18.08.2017
ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION
TO THE 1ST PETITIONER.
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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
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W.A. No.1335 of of 2021
[Arising out of the judgment dated 07.07.2021 in W.P.(C) No.23965 of
2020 )
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Dated this the 20th day of October, 2021
ORDER
After hearing both sides, we are of the view and taking into
consideration, the nature of the issues raised in this mater that the State
of Kerala represented by the Principal Secretary to Government,
Transport Department, Govt. Secretariat, Thiruvananthapuram is a
necessary or at least a proper party in these proceedings. Hence, the
appellants may implead the State of Kerala as an additional respondent
in this W.A and may serve advance copy to the learned Senior
Government Pleader concerned. Taking into account the issues raised in
this case, we would request that Sri.Asok M Cherian, the learned
Additional Advocate General may appear for the respondent State of
Kerala to apprise this court about the considered stand of the State in this
issue.
2. Sri.P.Nandakumar, learned counsel appearing for the
appellants in this case would point out that the Division Bench of this
Court has rendered decisions in analogues situations where there was a
general ban of appointment that in such cases the candidates advised by
the PSC is to be granted appointment order by the appointing authority
and then, they could be forthwith discharged, as envisaged in Rule 7 (a)
of KS & SR Part-II with right of re-appointment as and when
appointment is feasible, as envisaged Clause (b) of Rule 7.
3. The respondents 1 and 2 will be at liberty to file affidavit
before this Court stating as to when they had issued the requisition to the
Kerala Public Service Commission for initiating selection process in this
case and as to when they have reported vacancies in the post of Mechanic
Gr.II (Work Assistants), in pursuance of Ext.P1 selection notification
dated 13.5.2015. So also, the said affidavit should disclose as to whether
the competent officials of the respondents KSRTC had at any time made
any requests to the respondent Public Service Commission that the
selection process need not be proceeded with, and that they do not intend
to make any appointments in the above said post due to bonafide
reasons, etc. and whether any such requests had been made by the
respondents - KSRTC to the respondent PSC at any time on or after the
issuance of the short list issued in this case, if any, and at any time on or
after the publication of Ext.P2 rank list in this case or at any time after
the candidates have been advised by the PSC in terms of Ext.P3 etc.
4. Further, the 3rd respondent PSC will also ensure that an
affidavit or statement is filed explaining their stand in the matter in a
case like this. Affidavit of respondents 1 and 2 (KSRTC) and respondent
No.3 (PSC) may be filed within two weeks. In the said affidavit, the
respondent KSRTC will also disclose as to whether any
temporary/provisional/contractual appointments have been made to the
post of Mechanics Gr.II (Work Assistants) etc.
List this case on 8.11.2021 in the admission list.
Hand Over
sd/-
ALEXANDER THOMAS, JUDGE
sd/-
VIJU ABRAHAM, JUDGE
pm
20-10-2021 /True Copy/ Assistant Registrar
