Kerala High Court
Shanmukhadas A.C vs Tha Kannur International Airport on 16 March, 2022
WP(C) NO. 8809 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 8809 OF 2022
PETITIONERS:
1 SHANMUKHADAS A.C.
AGED 28 YEARS
S/O.S.APPUKUTTAN PILLAI, RESIDING AT CHITHRANJALI BHAVAN,
AAYIREMTHENGU, KOTTIKADA P.O., KOLLAM DISTRICT,
PIN - 691 020.
2 SREEKANTH MOHAN M.
AGED 29 YEARS
S/O.K.MOHANA KUMAR, RESIDING AT KESAVA VIHAR,
GOPURATHINKAL, KARIPOOR P.O., NEDUMANGADU,
THIRUVANANTHAPPURAM DISTRICT, PIN - 695 541.
3 ELDHO VARGHESE
AGED 27 YEARS
S/O.VARGHESE P.U., RESIDING AT PANDIPPILLIL HOUSE, KAKKOR
P.O., KOTHATTUKULAM, ERNAKULAM DISTRICT, PIN - 686 662.
4 ARUN GOPAL V.
AGED 26 YEARS
S/O.VIJAYAN A.P., RESIDING AT KRISHNALAYAM HOUSE,
MANTHARATHUR P.O., PUTHUPPANAM VIA., VADAKARA, KOZHIKODE
DISTRICT, PIN - 673 105.
5 AKSHAY MADHUSOODANAN
AGED 24 YEARS
S/O.MADHUSOODANAN P., RESIDING AT SENEHASAGARAM HOUSE,
KALLUR, MATTANUR P.O., KANNU DISTRICT, PIN - 670 702.
6 SREEJITH P.
AGED 27 YEARS
S/O.SREEDHARAN K., RESIDING AT KALLINKEEL HOUSE,
P.O.PARIYARAM,EMBATE, KANNUR DISTRICT, PIN - 670 502.
7 ANANDHU R.U.
AGED 28 YEARS
S/O.RAVINDRAN PILLAI G., RESIDING AT THODHUVAKKATTUVEEDU
HOUSE, PUTHIYAPALAM, PARIPPALLY P.O., KOLLAM DISTRICT,
PIN - 691 574.
8 SREEJIL M.
AGED 29 YEARS
S/O.SREEDHARAN R., RESIDING AT SREERAGAM HOUSE, P.O.TEMPLE
GATE, THALASSERY, KANNUR DISTRICT, PIN - 670 102.
9 SABIN MATHEW KURIAN
AGED 28 YEARS
S/O.K.M.KURIAKOSE, RESIDING AT KANDANDAN HOUSE,
MAZHUVANNOOR P.O., ERNAKULAM DISTRICT, PIN - 686 669.
WP(C) NO. 8809 OF 2022
2
10 VIJEESHJITH V.P.
AGED 26 YEARS
S/O.L.VIJAYAN, RESIDING AT KALLUTHATTU VEEDU HOUSE,
THIRUPURAM, THIRUPURAM P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695 541.
11 ARUN K.
AGED 24 YEARS
S/O.M.T.VENUGOPAL, RESIDING AT KAIPAYIL KALAM HOUSE, PERUR
P.O., PATHIRIPALA, PALAKKAD DISTRICT, PIN - 679 302.
12 SREEJITH SAJEEV
AGED 26 YEARS
S/O.SAJEEV T.P., RESIDING AT THONIPARAMBIL HOUSE, CHULLY
P.O., MOOLEPPARA, ERNAKULAM DISTRICT, PIN - 683 581.
13 ABHISHEK V.
AGED 26 YEARS
S/O.VIJAYAN, RESIDING AT PADINJARE THAZHE KUNIYIL HOUSE,
KUNNATHARA P.O., KOYILANDY VIA, KOZHIKODE DISTRICT, PIN -
673 620.
BY ADVS.
SRI. AASHIQUE AKTHAR HAJJIGOTHI
SRI. NISAMUDEEN K.
RESPONDENTS:
1 THE KANNUR INTERNATIONAL AIRPORT
THROUGH ITS MANAGING DIRECTOR, MATTANNUR,
KANNUR - MATTANNUR ROAD, KANNUR DISTRICT,
KERALA - 670 702.
2 KERALA INDUSTRIAL AND TECHNICAL CONSULTANCY ORGANIZATION
(KITCO)LTD.THROUGH ITS PRINCIPAL CONSULTANT, FEMITH,
PUTHIYA ROAD, CHAKKARAPARAMBU, VENNALA, KOCHI,
KERALA - 682 028.
BY ADV. SRI. M.GOPIKRISHNAN NAMBIAR, SC FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8809 OF 2022
3
JUDGMENT
Dated this the 16th day of March, 2022
The grievance of the petitioners is that, despite
petitioners being included in Ext.P5 rank list for the
post of Fire and Rescue Operators at Kannur
International Airport Limited, only one among them
has been appointed so far and the KIAL has issued
Ext.P6 fresh notification for the same post.
2. Learned Standing Counsel for the KIAL
submitted on instructions that, the post notified in
Ext.P6 is entirely different from the post to which the
petitioners have been selected and the qualification
in Ext.P6 being different from that in Ext.P1. Learned
Standing Counsel also submitted that Ext.P5 rank list
is subsisting and the petitioners will be appointed as
and after they are sent for training, based on the
requirement at the Airport.
In the light of the submission, the apprehension of
the petitioners stand allayed. The writ petition is
WP(C) NO. 8809 OF 2022
hence closed, based on the submissions of the
learned Standing Counsel.
Sd/-
V.G.ARUN
JUDGE
NB/16-3
WP(C) NO. 8809 OF 2022
APPENDIX OF WP(C) 8809/2022
PETITIONERS EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE EMPLOYMENT NOTIFICATION
NO.01/KIAL/RECT/2019-20 DATED 24/07/2019.
EXHIBIT P2 A TRUE COPY OF ADMIT CARD OF THE 1ST PETITIONER
DATED 18/10/2019 FOR WRITTEN TEST CONDUCTED ON
03/11/2019.
EXHIBIT P2A A TRUE COPY OF ADMIT CARD OF THE 2ND PETITIONER
DATED 18/10/2019 FOR WRITTEN TEST CONDUCTED ON
03/11/2019.
EXHIBIT P2B A TRUE COPY OF ADMIT CARD OF THE 3RD PETITIONER
DATED 18/10/2019 FOR WRITTEN TEST CONDUCTED ON
03/11/2019.
EXHIBIT P2C A TRUE COPY OF ADMIT CARD OF THE 4TH PETITIONER
DATED 18/10/2019 FOR WRITTEN TEST CONDUCTED ON
03/11/2019.
EXHIBIT P2D A TRUE COPY OF ADMIT CARD OF THE 5TH PETITIONER
DATED 18/10/2019 FOR WRITTEN TEST CONDUCTED ON
03/11/2019.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 1ST PETITIONER FOR THE PHYSICAL EFFICIENTY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3A A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 2ND PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3B A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 3RD PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3C A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 4TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3D A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 5TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3E A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 6TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3F A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 7TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3G A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 8TH PETITIONER FOR THE PHYSICAL EFFICIENCY
WP(C) NO. 8809 OF 2022
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3H A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 9TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3I A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 10TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3J A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 11TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3K A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 12TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P3L A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 13TH PETITIONER FOR THE PHYSICAL EFFICIENCY
TEST AFTER THE SUCCESSFUL COMPETITION OF THE
WRITTEN TEST DATED 07/02/2020.
EXHIBIT P4 A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 1ST PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4A A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 2ND PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4B A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 3RD PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4C A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 4TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4D A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 5TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4E A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 6TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKEN PART IN HEAVY
VEHICLE DRIVING SKILL ON 06/01/2021.
WP(C) NO. 8809 OF 2022
EXHIBIT P4F A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 7TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4G A TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 8TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKEN PART IN HEAVY
VEHICLE DRIVING SKILL ON 06/01/2021.
EXHIBIT P4H A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 9TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4I A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 10TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4J A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 11TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P4K A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 12TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVINGS SKILL ON 06/01/2021.
EXHIBIT P4L A TRUE COPY OF THE COMMUNICATIONS RECEIVED BY
THE 13TH PETITIONER DATED 23/12/2020 AFTER THE
PHYSICAL EFFICIENCY TEST WAS COMPLETED
SUCCESSFULLY THEN TO TAKE PART IN HEAVY VEHICLE
DRIVING SKILL ON 06/01/2021.
EXHIBIT P5 A TRUE COPY OF RESULTS DOWNLOADED FROM THE
OFFICIAL WEBSITE OF THE 1ST RESPONDENT.
EXHIBIT P6 A TRUE COPY OF EMPLOYMENT NOTIFICATION
NO.04/KIAL/RECT/2021-22 DATED 16/02/2022.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
