Kerala High Court
Praveen .K vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
1944
OP(KAT) NO. 11 OF 2023
AGAINST THE ORDER DATED 16-8-2022 IN OA NO.1370 OF 2022
OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM.
PETITIONERS/APPLICANTS :
1 PRAVEEN .K., AGED 36 YEARS
S/O BHASKARAN., RESIDING AT KALLINGAL HOUSE ,
POTHANUR, POLPAKKARA P.O., EDAPPAL,
MALAPPURAM- 679 576. PH : 8893706070
2 SANEESH V.T, AGED 35 YEARS,
S/O SUKUMARAN V.T, RESIDING AT VELUTHEDATHODI
HOUSE, WEST KODUR, MALAPPURAM- 676 504
PH :9809184070.
3 RAJESH KUMAR E.R., AGED 33 YEARS,
S/O RADHAKRISHNAN A.V, RESIDING AT EDATHAZHAYIL
CHEMMANTHITTA, MOOTHEDAM P.O.,EDAKKARA,
MALAPPURAM- 679 331. PH : 9447420528
4 ABOOBAKKAR KURUNGADAN, AGED 43 YEARS,
S/O AHAMMED HAJI, KURUNGADAN HOUSE,
VALLUVAMBRAM P.O.,MALAPPURAM- 673 642
PH : 9447516237
5 DHANEESH. P.N., AGED 33 YEARS,
SON OF NANDANAN P.S.,(RESIDING AT
POTTEKKATTUVALAPPIL HOUSE,
AVANOOR P.O.,THRISSUR- 680 541
PH :9961156662
6 SANU P.R., AGED 37 YEARS,
S/O RAMAKRISHNAN ., RESIDING AT PULLUKKARA
HOUSE, AVANOOR P.O.,THRISSUR- 680 541
PH :9946382977
OP(KAT) No.11 of 2023
2
7 SANTHEEP K.K., AGED 34 YEARS
S/O KUNJIKUTTAN K.K., RESIDING AT KOKKINI HOUSE,
KOOTTALA P.O.,THRISSUR - 680 652
PH : 9656115152
8 ANANTHAPADMANABHAN KARIATT, AGED 33 YEARS
S/O NARAYANAN K.K., RESIDING AT KARIATT HOUSE,
KANJANI P.O., THRISSUR - 680 612
PH :8891001441
9 JAYAKRISHNAN K.V., AGED 44 YEARS,
S/O VELLA EZHUTHACHAN K.R.,
(RESIDING AT KALLINGAL HOUSE, THENUR P.O.,
PARALI, PALAKKAD -678 612
PH :8086117839
10 SHAJAHAN .G., AGED 39 YEARS, S/O GUDOOS,
RESIDING AT KANIYAMANGALAM HOUSE,
ELAVAMPADAM P.O., PALAKKAD- 678 684
PH :8606340028
11 ADARSH .M, AGED 38 YEARS,S/O MOHANAN,
(RESIDING AT MADATHILCHIRA, CMC 23,
CHERTHALA, ALAPPUZHA- 688 541
PH :9847920494
12 REJIMON K.R.,AGED 38 YEARS, S/O RAVI T.K.,
RESIDING AT KOKATTIL HOUSE, K.R. PURAM P.O.,
CHERTHALA, PALLIPPURAM, ALAPPUZHA - 688 541
PH :9946679457
13 SREEJITH P.N, AGED 35 YEARS, S/O NADESHAN,
RESIDING AT CHALUVIL PUTHIYAVEED,
MANNANCHERY P.O., ALAPPUZHA - 688 538
PH :9645200306
14 ANSARI B, AGED 40 YEARS, S/O BASHEER,
RESIDING AT PALLIVELI, MANNANCHERY P.O.,
ALAPPUZHA - 688 538
PH :9747907909
15 BINEESH GOPAL, AGED 42 YEARS, S/O THANKAPPAN,
THAREPARAMBIL PALLIPPURAM P.O., CHERTHALA,
ALAPPUZHA- 688 541
PH :9895053287
OP(KAT) No.11 of 2023
3
16 ARUN KUMAR .H., AGED 38 YEARS, S/O HARIHARAN,
NIKARTHIL THIRUMALABHAGOM P.O., THURAVOOR,
CHERTHALA , ALAPPUZHA- 688 540
PH: 8943817688
17 JINSHAD .J, AGED 28 YEARS, S/O JABBAR,
(RESIDING AT JABBAR MANZIL, AMBAZHAVAYAL,
PERINADU P.O., KOLLAM-691 601
PH :7293903520
18 BANASMON .A, AGED 38 YEARS
S/O ABDUL LATHEEF KHADIAR,
(RESIDING AT BANAS MANZIL SVM P.O.,
KOZHIKODE-KARUNAGAPALLY, KOLLAM-690 573
PH : 9656987049
19 AMAL RAJ, AGED 33 YEARS, S/O RAJAN PILLAI,
RESIDING AT ARUN NIVAS, PUNTHALATHAZHAM,
KILIKOLLUR P.O., KOLLAM-691 004
PH :9567362765
20 SUDHI. S.R.,AGED 39 YEARS,
S/O SURENDRAN,RESIDING AT SUDHI BHAVANAM,
CHONAMCHIRA PERINADU P.O., KOLLAM-691 601
PH :7907533842
21 ANEESH.M, AGED 32 YEARS, S/O MOHANAN .K.,
(RESIDING AT THULASEE MANDIRAM, PERUMKULAM P.O.,
KOTTARAKKARA, KOLLAM- 691 566.
PH :9846540122
22 ABHILASH V.C., AGED 40 YEARS, S/O VASU .K.,
RESIDING AT ANU MANDIRAM, POOVATTOOR WEST,
MAVADY P.O., KOLLAM - 691 507
PH :9048260698
23 SANEESH CHANDRAN, AGED 33 YEARS, S/O CHANDRAN,
RESIDING AT SANEESH BHAVANAM, ELAJIMEL P.O,
CHENGANNOOR, ALAPPUZHA- 689 511
PH : 9602601492
24 SHIBU M.R, AGED 42 YEARS, S/O RAMAKRISHNAN,
RESIDING AT KUZHIYIL VEEDU, EYYAKKODU,
PULLUPANA P.O., KUMMIL, KOLLAM -691 536
PH :7012426987
OP(KAT) No.11 of 2023
4
RESPONDENT/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TAXES DEPARTMENT (EXCISE), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM - 695033.
3 THE DEPUTY COMMISSIONER OF EXCISE,
CIVIL STATION RD, MIDILL HILL, UP HILL,
MALAPPURAM - 676505
4 THE DEPUTY COMMISSIONER OF EXCISE,
STATE EXCISE ACADEMY AND RESEARCH CENTRE,
ARANATTUKARA, VANCHIKULAM, POOTHOLE,
THRISSUR- 680 004.
5 THE DEPUTY COMMISSIONER OF EXCISE,
METTUPPALAYAM ST, PARAKKUNNAM,
VIDYUT NAGAR, PALAKKAD-678 001
6 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE EXCISE COMPLEX IRON
BRIDGE P.O. NEAR GENERAL HOSPITAL
ALAPPUZHA - 688 011
7 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE, EXCISE COMPLEX,
1ST FLOOR, A BLOCK, CHINNAKKADA, KOLLAM- 691 001.
8 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE 1ST FLOOR
DEVASWOM BOARD BUILDING,PATHANAMTHITTA - 689645
9 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
PATTOM, THIRUVANATHAPURAM-695 004.
10 THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION,
CIVIL STATION RD, NEW BLOCK, UP HILL,
DISTRICT OFFICE, MALAPPURAM-676 505.
OP(KAT) No.11 of 2023
5
11 THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION,
DISTRICT OFFICE, KSDC FOR SC/ST LTD. BUILDING,
II FLOOR, TOWN HALL ROAD, THRISSUR - 680 020.
12 THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION,
DISTRICT OFFICE, OPP: GOVT. GUEST HOUSE,
NEAR DISTRICT PANCHAYAT OFFICE, CIVIL STATION P O
PALAKKAD - 678 001.
13 THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION,
DISTRICT OFFICE, CRESCENT MANSION,
SOUTH OF COLLECTORATE, ALISSERY ROAD,
ALAPPUZHA - 688 001.
14 THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION,
DISTRICT OFFICE, CORPORATION BUILDING,
ANDAMUKKAM, KOLLAM - 691 001.
15 THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION,
DISTRICT OFFICE, CHARUVIL BUILDINGS,
NEAR SP OFFICE, RING ROAD, VETTIPURAM EAST,
PATHANAMTHITTA PO , PATHANAMTHITTA-689645.
BY GP SRI BIJOY CHANDRAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(KAT) No.11 of 2023
6
A.K. JAYASANKARAN NAMBIAR
&
MOHAMMED NIAS C.P., JJ
......................................................
OP(KAT)No.11 of 2023
.................................................................
Dated this the 11th day of January, 2023.
JUDGMENT
A.K. Jayasankaran Nambiar, J.
The petitioners, who have been included in a ranked list for the post of
Driver in the Excise Department had preferred a representation before the
Government for sanctioning additional posts for accommodating them. They had
approached the Tribunal seeking a direction to the Government to consider the
said representation with the hope that the Government would act on the said
representation before the expiry of the ranked list and report vacancies to the
posts that were created by the Government. The Tribunal dismissed the O.A.
finding that as candidates included in a ranked list prepared by the PSC for the
post in question, the applicants did not have any vested right to insist on the
Government creating additional posts to accommodate them. The Tribunal, in
other words, found that the petitioners did not have the locus standi to approach
the Tribunal with the said prayer. It was also found by the Tribunal that at any
rate the Government had already rejected a similar request made by the
candidates for creation of posts and under those circumstances, there was no
necessity for acceding to the prayer of the petitioners for a direction to the
OP(KAT) No.11 of 2023
Government to consider their representation. We find no reason to interfere
with the impugned order of the tribunal in this OP(KAT).
The OP(KAT) fails and is accordingly dismissed.
Sd/-
A.K. JAYASANKARAN NAMBIAR,
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
amk/11-1-23
OP(KAT) No.11 of 2023
APPENDIX OF OP(KAT) 11/2023
PETITIONERS' ANNEXURES :
Annexure A-1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE
PSC VIDE CATEGORY NO. 659/2017
AnnexureA-2 TRUE COPY OF THE RANK LIST PUBLISHED BY THE
10TH RESPONDENT VIDE NO. 479/19/DOM (CATEGORY
NO. 659/2017) DATED 04.09.2019 WITH RESPECT
OF MALAPPURAM DISTRICT
Annexure A-2(a) TRUE COPY OF RANK LIST PUBLISHED BY THE 11TH
RESPONDENT VIDE NO. 477/19/DOR (CATEGORY NO.
659/2017) DATED 04.09.2019 WITH RESPECT TO
THRISSUR DISTRICT
Annexure A-2(b) TRUE COPY OF RANK LIST PUBLISHED BY THE 12TH
RESPONDENT VIDE NO. 478/19/DOP (CATEGORY NO.
659/2017) DATED 04.09.2019 WITH RESPECT TO
PALAKKAD DISTRICT
Annexure A-2(c) TRUE COPY OF RANK LIST PUBLISHED BY THE 13TH
RESPONDENT VIDE NO. 473/19/DOA (CATEGORY NO.
659/2017) DATED 04.09.2019 WITH RESPECT TO
ALAPPUZHA DISTRICT
Annexure A-2(d) TRUE COPY OF RANK LIST PUBLISHED BY THE 14TH
RESPONDENT VIDE NO. 471/19/DOQ (CATEGORY NO.
659/2017) DATED 04.09.2019 WITH RESPECT TO
KOLLAM DISTRICT
Annexure A-2(e) TRUE COPY OF RANK LIST PUBLISHED BY THE 15TH
RESPONDENT VIDE NO. 472/19/DOH (CATEGORY NO.
659/2017) DATED 04.09.2019 WITH RESPECT TO
PATHANAMTHITTA DISTRICT
AnnexureA-3 TRUE COPY OF THE APPLICATION UNDER THE RIGHT
TO INFORMATION ACT SUBMITTED BEFORE THE
PUBLIC INFORMATION OFFICER OF THE EXCISE
DIVISION, MALAPPURAM DATED 28.04.2022
Annexure A-3(a) TRUE COPY OF THE INFORMATION FURNISHED BY THE
PUBLIC INFORMATION OFFICER ATTACHED TO THE
EXCISE DIVISION OFFICE, MALAPPURAM NO. M1-
1850/17 DATED 20.05.2022
OP(KAT) No.11 of 2023
Annexure A-4 TRUE COPY OF THE APPLICATION UNDER THE RIGHT
TO INFORMATION ACT SUBMITTED BEFORE THE
PUBLIC INFORMATION OFFICER OF THE EXCISE
DIVISION, THRISSUR DATED 18.05.2022
Annexure A-4(a) TRUE COPY OF THE INFORMATION FURNISHED BY THE
PUBLIC INFORMATION OFFICER ATTACHED TO THE
OFFICE OF DEPUTY EXCISE COMMISSIONER THRISSUR
NO. RTI NO. 6/2022-23 DATED 31.05.2022
Annexure A-5 TRUE COPY OF THE APPLICATION UNDER THE RIGHT
TO INFORMATION ACT SUBMITTED BEFORE THE
PUBLIC INFORMATION OFFICER OF THE EXCISE
DEPARTMENT, ALAPPUZHA DATED 29.04.2022
Annexure A-5(a) TRUE COPY OF THE INFORMATION FURNISHED BY THE
PUBLIC INFORMATION OFFICER ATTACHED TO THE
OFFICE OF THE DEPUTY EXCISE COMMISSIONER
ALAPPUZHA NO. EDOALP/45/2021-A3 (1) DATED
06.06.2022
Annexure A-6 TRUE COPY OF THE APPLICATION UNDER THE RIGHT
TO INFORMATION ACT SUBMITTED BEFORE THE
PUBLIC INFORMATION OFFICER OF THE EXCISE
DEPARTMENT, KOLLAM DATED 06.05.2022
Annexure A-6(a) TRUE COPY OF THE INFORMATION FURNISHED BY THE
PUBLIC INFORMATION OFFICER ATTACHED TO THE
OFFICE OF THE DEPUTY EXCISE COMMISSIONER
KOLLAM NO. EDOKLM/625/2022Q3 DATED 25.05.2022
Annexure A-7 TRUE COPY OF THE EXCISE COMMISSIONER VIDE
LETTER NO. XD1-25292/15 DATED 21.11.2019
ADDRESSED THE ADDITIONAL CHIEF SECRETARY,
TAXES DEPARTMENT
AnnexureA-8 TRUE COPY OF THE LETTER IN FILE NO.
EXC/1111/2021-XD1 DATED 04.10.2021
Annexure A-9 TRUE COPY OF THE LETTER NO. XD1- 25292/15
DATED 23.03.2017 ALONG WITH TYPED COPY
Annexure A-9(a) TYPED COPY OF THE LETTER NO. XD1- 25292/15
DATED 23.03.2017
Annexure A-10 TRUE COPY OF THE COMPLAINT SUBMITTED BY SRI.
RAMENDRAN DATED 25.03.2022
OP(KAT) No.11 of 2023
Annexure A-11 TRUE COPY OF THE CIRCULAR ISSUED BY THE
EXCISE COMMISSIONER VIDE CIRCULAR NO.
464455/2022/SZ1 DATED 28.06.2022
Annexure A-12 TRUE COPY OF THE LETTER NO. 58/2019-20
KSESA/SC DATED 10.10.2010
Annexure A-13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
APPLICANTS 1 TO 4 DATED 01.06.2022 ALONG WITH
POSTAL RECEIPT
Annexure A-14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
APPLICANTS 5 TO 8 DATED 01.06.2022 ALONG WITH
POSTAL RECEIPT
Annexure A-15 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
APPLICANTS 9 AND 10 DATED 01.06.2022 ALONG
WITH POSTAL RECEIPT
Annexure A-16 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
APPLICANTS 11 TO 17 DATED 01.06.2022 ALONG
WITH POSTAL RECEIPT
Annexure A-17 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
APPLICANTS 18 TO 20 DATED 01.06.2022 ALONG
WITH POSTAL RECEIPT
Annexure A-18 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
APPLICANTS 21 TO 24 DATED 01.06.2022 ALONG
WITH POSTAL RECEIPT
Exhibit P-1 TRUE COPY OF THE ORIGINAL APPLICATION IN O.A
(EKM) NO. 1370/2022 FILED BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Exhibit P-2 CERTIFIED COPY OF THE ORDER OF THE TRIBUNAL
IN O.A NO. 1370/2022 DATED 16.08.2022
Exhibit P-3 TRUE COPY OF THE INTERIM ORDER IN W.A NO.
1126/2022 DATED 22.08.2022
Exhibit P-4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
31017/2019 DATED 19.11.2019
