Ratheesh V vs Kerala State Beverages ...
2023 Latest Caselaw 8943 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 21475 OF 2021
PETITIONER:

          RATHEESH V., AGED 35 YEARS
          S/O VELAYUDHAN, WORKING AS OFFICE ATTENDANT,
          KERALA STATE BEVERAGES CORPORATION LTD.,
          KSBC FL-1, 9015, PUDUSSERY SHOP (OUTLET),
          PALAKKAD-678621. RESIDING AT MALLAN KOLUMBU HOUE,
          MUTHALAMADA POST, PALAKKAD-678507.

          BY ADV R.LEELA



RESPONDENT/S:

    1     KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
          CORPORATION LTD., REPRESENTED BY ITS CHAIRMAN AND
          MANAGING DIRECTOR, BEVCO TOWER, VIKASBHAVAN, PALAYAM,
          THIRUVANANTHAPURAM-695033.

    2     THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION,
          THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM-
          695004.

          SRI.NAVEEN.T., SC.
          SRI.P.C.SASIDHARAN, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21475 OF 2021
                                 2


                             JUDGMENT

The petitioner applied for recruitment By Transfer to the

post of Lower Division Clerk (LDC) under the first respondent -

Beverages Corporation (BEVCO); and is aggrieved because the

same was rejected on the ground that he had not become a full

member of the Last Grade service as on 30.12.2015, which was

the last date of application stipulated in Ext.P1 notification.

2. Smt.R.Leela - learned counsel for the petitioner,

vehemently argued that, neither Ext.P1 notification says that a

candidate has to be a full member of service; nor does it

stipulate any time frame within which such persons ought to

have obtained their probation declared in it. She, however,

conceded that the probation of her client as Last Grade Servant

was declared only on 16.02.2016 and the statutory declaration

was issued with effect from that day; but argued that this

would be of no consequence because, as said above, Ext.P1

does not mention that an applicant has to be a full member of

the Last Grade Service

3. I am afraid that I cannot find the afore submissions of

Smt.R.Leela to be worthy of merit in law, because Ext.P1

certainly stipulates that only qualified persons can apply for

recruitment through Transfer; and it is now well established in WP(C) NO. 21475 OF 2021

law that, unless a person is made permanent in the Feeder

catergory post, he cannot claim an appointment to a higher

post By Transfer.

4. In fact, Sri.T.Naveen learned standing counsel for the

BEVCO, also affirms that the petitioner was confirmed in

service as a Last Grade Servant only on 16.02.2016 and that

this has been admitted by him himself in Ext.P2 application.

5. Sri.P.C.Sasidharan - learned standing counsel for the

Kerala Public Service Commission, submitted that it is very

clear from Ext.P1 notification that every candidate has to make

an application on or before 30.12.2015 and that there can be

no relaxation in this. He added that only qualified persons

could have made such application and that since the

petitioner's probation as a Last Grade Servant had not been

declared by them, he would not come within its ambit.

6. I must say that I have no doubt that the afore

assertions of Sri.T.Naveen and Sri.P.C.Sasidharan are on firm

footing, for the reasons already stated above.

In the afore circumstances, I am left without any other

option, but to dismiss this writ petition. It is so ordered.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 21475 OF 2021

APPENDIX OF WP(C) 21475/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTIFICATION GAZETTE DATED 26.11.2015 FOR THE CATEGORY NO.416/2015 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 22.12.2015 SUBMITTED BY THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE RANKED LIST NO.330/2019/ERIVB FOR THE CAT.NO.416/2015 W.E.F. 03.06.2019.

Exhibit P4 THE TRUE COPY OF THE COMPUTER GENERATED PRINT OUT OF THE COMMUNICATION FOR APPEARING IN THE ONE-TIME VERIFICATION PROCESS ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE SERVICE CERTIFICATE DATED 08.02.2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 24.08.2021 OF THE PETITIONER.

Exhibit P7 THE TRUE COPY OF THE ORDER DATED 08.09.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P8 THE TRUE COPY OF THE REPRESENTATION DATED 13.09.2021.