Kerala High Court
The Kerala Public Service ... vs Shaju L Mony on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WA NO. 145 OF 2022
AGAINST THE JUDGMENT DATED 10.04.2019 IN WP(C)NO. 2860/2019 OF
HIGH COURT OF KERALA
APPELLANT/1ST RESPONDENT:
KERALA PUBLIC SERVICE COMMISSION
PATTAM, THIRUVANATHAPURAM - 695 004,
REPRESENTED BY ITS SECRETARY.
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 4
1 SUJA G.S.
AGED 32 YEARS
S/O.RAMESH KRISHNAN K., TC 50/113(1), BINDU COTTAGE,
KALADY, KARAMANA P.O., THIRUVANANTHAPURAM - 695 002.
2 KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
(SUPPLYCO)
P.B.NO.2030, MAVELI BHAVAN, GANDHINAGAR,
KOCHI - 682 020 REPRESENTED BY ITS CHAIRMAN AND
MANAGING DIRECTOR.
3 THE PRINCIPAL SECRETARY TO GOVERNMENT
FOOD AND CIVIL SUPPLIES DEPARTMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER,
SMT.MOLLY JACOB, SC, SRI.NIDHI BALACHANDRAN,
SRI.T.B.GAFOOR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WA.191/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A Nos.145 & 191 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WA NO. 191 OF 2022
AGAINST THE JUDGMENT DATED 27.02.2019 IN WP(C) 39571/2018 OF
HIGH COURT OF KERALA
APPELLANT/1ST RESPONDENT:
KERALA PUBLIC SERVICE COMMISSION
PATTAM, THIRUVANANTHAPURAM-695 004,
REPRESENTED BY ITS SECRETARY.
BY ADV P.C.SASIDHARAN
RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 4:
1 SHAJU L MONY
AGED 32 YEARS
S/O.MONY N. NESAMONY, TC-5/2630 (4) MALEYAM,
TTC ENCLAVE-B7, KOWDIAR-P.O, TRIVANDRUM DISTRICT
PIN - 695003
2 KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
(SUPPLYCO)
P.B.NO.2030, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682 020
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
3 THE PRINCIPAL SECRETARY TO GOVERNMENT
FOOD AND CIVIL SUPPLIES DEPARTMENT OF KERALA,
GOVERNMENT SECRETARIAT , THIRUVANANTHAPURAM-695 001
4 UNVERSITY OF KERALA
SENATE HOUSE CAMPUS , PALAYAM,
THIRUVANANTHAPURAM-695 034,
W.A Nos.145 & 191 of 2022
3
REPRESENTED BY ITS REGISTRAR.
BY ADV.K.A.MOHAMED HARIS
BY ADV T.B.GAFOOR
BY ADV.THOMAS ABRAHAM
SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WA.145/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A Nos.145 & 191 of 2022
4
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
W.A No.145 of 2022
[arising out of the judgment dated 10.04.2019 in W.P(C) No.2860/2019]
&
W.A No.191 of 2022
[arising out of the judgment dated 27.02.2019 in W.P(C) No.39571/2018]
=========================================
Dated this the 15th day of February, 2022
JUDGMENT
Alexander Thomas, J.
These writ appeals are filed by the Kerala Public Service Commission and
arise out of the judgments rendered by the learned Single Judge on 10.04.2019 &
27.02.2019 respectively in the instant W.P(C) No.2860/2019 & W.P(C)
No.39571/2018 and a lot of other connected writ petitions. A Division Bench of
this Court has already rendered judgment on 14.02.2020 in W.A No.2286/2019
[arising out of W.P(C) No.41653/2018] & connected writ appeals, whereby it has
been held that the views rendered by the learned Single Judge in the impugned
judgments are not correct and accordingly, the Division Bench has set aside the
judgments dated 10.04.2019 & 27.02.2019 of the learned Single Judge to the
extent it is in relation to the W.P(C)s from which the said writ appeals have
arisen. Further we also note that the Division Bench of this Court has recently
rendered a judgment on 17.01.2022 in W.A No.70/2022 (filed by an aggrieved
private party), whereby the impugned judgments of the learned Single Judge to
the extent it is in relation to W.P(C) No.2860/2019, has already been set aside.
W.A Nos.145 & 191 of 2022
Hence, we note that the matter in issue is covered by the common judgment
dated 14.02.2020 rendered by the Division Bench of this Court in W.A
No.2286/2019 & connected writ appeals.
2. Further, it is also noted that the Division Bench of this Court has
already rendered a judgment on 18.01.2022 in W.A No.85/2022 filed by an
aggrieved third party, whereby the impugned judgment in W.P(C)
No.39571/2018 has been set aside. In view of these aspects, the impugned
judgments in the W.P(C)s in these two cases have already been set aside by the
Division Bench of this Court in the writ appeals filed by third party aggrieved
persons. Hence, there is no necessity to set aside the judgments in W.P(C)
Nos.2860/2019 & 39571/2018, etc. It is declared that the matter in issue is fully
covered by the judgment dated 14.02.2020 rendered by the Division Bench in
W.A No.2286/2019 & connected cases.
With these observations and directions, the above writ appeals will stand
disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
vgd
