Rajith Raju R.V vs Kerala Public Service Commission
2021 Latest Caselaw 19795 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                   &
               THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                         OP(KAT) NO. 259 OF 2021
        AGAINST THE ORDER IN OA.NO.2279/2019 OF THE KERALA
        ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH
PETITIONER/1ST APPLICANT IN O.A.:

               RAJITH RAJU R.V., AGED 40 YEARS,
               S/O RAJU.D, DEVADEYAM, PUNALAL, PUNALAL P.O,
               THIRUVANANTHAPURAM-695575.
               BY ADVS. M/S. ABY ABRAHAM & S.ANEESH

RESPONDENTS/RESPONDENTS & APPLICANTS 2 AND 3 IN O.A.:

    1          KERALA PUBLIC SERVICE COMMISSION,
               REPRESENTED BY ITS SECRETARY, PATTOM,
               THIRUVANANTHAPURAM-695004.
    2          STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               PERSONNEL AND ADMINISTRATIVE REFORMS (EMPLOYMENT
               CELL -A) DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.
    3          ROSCORT S.R., AGED 29 YEARS,
               S/O RAVEENDRAN, T C -6/581. S.R.HOUSE, THURUVICKAL
               P.O, ITIKONAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM-
               695031.
    4          SOUMYA SADANANDAN, AGED 29 YEARS,
               W/O ARUN RAVI, MALAYUDE KIZHAKKETHIL, KOTTA P.O,
               KARAKKAD, CHENGANNOOR, ALAPPUZHA-689504.
               SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER,
               SRI.P.C.SASIDHARAN, SC, PSC

        THIS    OP(KERALA   ADMINISTRATIVE    TRIBUNAL)    HAVING      BEEN
FINALLY    HEARD    ON   23.09.2021,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 OP(KAT) No. 259 of 2021


                                   2



     ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
=============================================
              OP(KAT) No. 259 of 2021
          [arising out of the impugned final order dated 7.7.2021
in O.A. No.2279/2019 on the file of the KAT, Thiruvananthapuram Bench]
=============================================
        Dated this the 23rd day of September, 2021

                          JUDGMENT

ALEXANDER THOMAS, J.

The petitioner herein had approached the Kerala

Administrative Tribunal, Thiruvananthapuram Bench, by filing the

instant Ext.P-2 O.A. No. 2279/2019 seeking for directions in the

matter of advise and appointment to the post of Section Officer

amongst candidates included in Anx.A-3 ranked list dated

17.10.2017. The Tribunal, after hearing both sides, has rendered

the impugned Ext.P-1 final order dated 7.7.2021 dismissing O.A.

No. 2279/2019 on the basis of the finding that indisputably, no

further vacancies were reported by the appointing authority to the

Kerala Public Service Commission (PSC) before the expiry of rank

list, for considering the claims of the petitioner for advise and

appointment as against such additional vacancies so reported. OP(KAT) No. 259 of 2021

Aggrieved by Ext.P-1 final verdict of the Tribunal dismissing the

above O.A., the original applicant has approached this Court by

filing the instant Original Petition (KAT) with the following

prayers:

"(i) To call for the records leading to Exhibit P1 order of the Kerala Administrative Tribunal in OA. No. 2279 of 2019 and set aside the same.

(ii) To allow the OA as prayed for.

(iii) To issue such other orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. Heard Sri.Aby Abraham, learned counsel appearing for

the petitioner in the O.P./sole applicant in the O.A. before the

Tribunal, Sri.P.C.Sasidharan, learned Standing Counsel for the

Kerala Public Service Commission appearing for R-1 and Sri.Saigi

Jacob Palatty, learned Senior Government Pleader appearing for

R-2 (State). In the nature of the order proposed to be passed in this

petition, notices to contesting respondents 3 & 4 will stand

dispensed with.

3. Going by the pleadings and materials on record, it

appears that Anx.A-3 ranked list dated 17.10.2017 was duly

published by the PSC for the post of Section Officer (Special OP(KAT) No. 259 of 2021

Recruitment from among SC/ST) in pursuance of Anx.A-1 selection

notification dated 11.6.2015 for Category No.176/2015. Further, the

ranked list has expired after running its maximum period. It is also

common ground that as against the vacancies reported to the PSC

by the appointing authority during the currency of ranked list,

advise have been made by the PSC as against such vacancies

reported before the expiry of ranked list. In the instant case, no

further vacancies have been reported by the appointing authority

to the PSC and hence, the Tribunal has rightly held that no reliefs

can be granted in this O.A.

4. It is by now well established that under Rule 14 of the

Kerala Public Service Commission Rules of Procedure, the

Commission will get jurisdiction to advise candidates only as

against the vacancies reported during the currency of the ranked

list. Even if, so long as the vacancies are reported before the expiry

of ranked list, then the Commission can even advise candidates as

against such vacancies, even after the expiry of ranked list. On the

other hand, if no further vacancies are reported to the PSC before OP(KAT) No. 259 of 2021

the expiry of ranked list, then no advise can be made from amongst

candidates included in a time expired list as against the vacancies

reported after the expiry of ranked list. In that regard, it will also

be pertinent to note the Full Bench decision of this Court in

Kerala Public Service Commission v. Sheejamol M.C.

[2020 (5) KHC 555 (FB)].

5. The counsel for the petitioner submits that the original

application is filed by his party before the Tribunal, before the

expiry of ranked list.

6. Even if that be so, it appears that the Tribunal has not

passed any interim order directing reporting of any vacancies in

the post of Section Officer to the PSC, atleast on provisional basis.

If any such interlocutory order has been passed by the Tribunal

before the expiry of ranked list, then the Tribunal could have

adjudicated the issue as to whether all or any such vacancies so

reported provisionally, could be utilized for the recruitment in

question. In the instant case, the recruitment in question was not a

general recruitment as envisaged in Rules 14 to 16 of KS & SSR OP(KAT) No. 259 of 2021

Part II, but the special recruitment for taking care of shortfall of

representatives of SC/ST candidates as envisaged in Rule 17A of

the KS & SSR Part II.

7. In view of abovesaid aspects, the Tribunal cannot be

found fault with for having dismissed the O.A. by giving the

abovesaid reasons. No interference is called for and hence the O.P.

will stand dismissed.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

A.BADHARUDEEN, JUDGE

MMG OP(KAT) No. 259 of 2021

APPENDIX OF OP(KAT).NO.259/2021

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DATED 07.07.2021 IN OA NO.2279 OF 2019.

EXHIBIT P2 TRUE COPY OF O.A. NO. 2279NOF 2019 ALONG WITH ANNEXURES AND APPLICATION FOR JOINING TOGETHER.

ANNEXURE A1 TRUE COPY OF GAZETTE NOTIFICATION WITH CATEGORY NO.175/2015 DATED 11.06.2015. ANNEXURE A2 TRUE COPY OF G.O(P) NO.344/81/GAD DATED 14.10.1981.GAD DATED 14.10.1981.

ANNEXURE A3 TRUE COPY OF THE RANKED LIST WITH CATEGORY NO.176/2015 RANKED LIST NO.970/17/SSVI WITH EFFECT FROM 17.10.2017.

ANNEXURE A4 TRUE COPY OF ORDER IN O.A. NO,.355 OF 2018 DATED 16.10.2019.

ANNEXURE A5 TRUE COPY OF GO(MS) NO.271/PUBLIC EMPLOYMENT CELL DEPARTMENT DATED 12.10.1973.

ANNEXURE A6 TRUE COPY OF THE GO (MS) NO.403/PUBLIC EMPLOYMENT CELL DEPARTMENT DATED 24.10.1972. EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT ALONG WITH ANNEXURES.

ANNEXURE R2(A) TRUE COPY OF G.O (MS) NO.59/2015/GAD DATED 18.02.2015.

EXHIBIT P4 TRUE COPY OF M.A NO.1398 OF 2020 FILED IN O A NO.2279 OF 2019.

EXHIBIT P5 TRUE COPY OF ORDER DATED 16.10.2020 IN OA NO.2279 OF 2019.

EXHIBIT P6 TRUE COPY OF JUDGMENT IN OP (KAT) NO.369 OF 2020 DATED 02.11.2020.

EXHIBIT P7 TRUE COPY OF REPLY STATEMENT FILED BY THE 1ST RESPONDENT.

OP(KAT) No. 259 of 2021

EXHIBIT P8 TRUE COPY OF QUERY UNDER THE RTI ACT SUBMITTED BY THE PETITIONER BEFORE PUBLIC INFORMATION OFFICE UNDER THE 1ST RESPONDENT DATED 24.11.2019.

EXHIBIT P9          TRUE COPY OF REPLY UNDER RTI ACT DATED
                    03.01.2020   WAS   ISSUED    BY   THE  PUBLIC

INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P10 THE OFFICE OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY UNDER THE RTI ACT, THE JOINT SECRETARY, ADVICE (LITIGATION) UNDER THE 1ST RESPONDENT DATED 23.01.2020.

EXHIBIT P11 TRUE COPY OF REPLY DATED 28.02.2020 FURNISHED BY THE APPELLATE AUTHORITY UNDER THE RTI ACT, THE JOINT SECRETARY, ADVICE (LITIGATION) UNDER THE 1ST RESPONDENT.