Kerala High Court
Aneesh S.J vs The District Animal Husbandry Officer on 27 March, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
OP(KAT) NO. 69 OF 2024
AGAINST THE JUDGMENT DATED 28.11.2023 IN OA NO.1546 OF
2023 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONERSAPPLICANTS:
1 ANEESH S.J, AGED 48 YEARS, , S/O. JANARDHANAN
NAIR, DRIVER CUM ATTENDANT, VETERINARY
DISPENSARY, MALADY, KOZHIKODE, RESIDING AT
SANTHI NIVAS, KOLLAM, KOILANDY, KOZHIKODE,, PIN
- 673 307
2 AMAL DEV P.V, AGED 31 YEARS, S/O. VASUDEVAN, ,
DRIVER CUM ATTENDANT, VETERINARY DISPENARY,
THODANNUR, KOZHIKODE,PIN-673 323, RESIDING AT
VAISAKH, ULIYERI, KOZHIKODE,, PIN - 673 620
3 SHAJI P.K., AGED 50 YEARS, S/O. VASU P.K.,
DRIVER CUM ATTENDANT, VETERINARY DISPENSARY,
THAMARASSERY, KOZHIKODE, RESIDING AT PURAKETTIL,
VAVADU, KODUVALLY, KOZHIKODE,, PIN - 673 572
4 MUHAMMED MUSTHAQU P, AGED 38 YEARS, S/O.
ABDURAHIMAN, YEARS, DRIVER CUM ATTENDANT,
VETERINARY DISPENSARY, CHELANNUR, KOZHIKODE,
RESIDING AT PURAYIL HOUSE, ELETTIL PO,
KOZHIKODE,, PIN - 673 616
5 SREEKESH M.K., AGED 43 YEARS, S/O. GANGADHARAN,
DRIVER CUM ATTENDANT, VETERINARY HOSPITAL,
IYYAD, KOZHIKODE, RESIDING AT MURIKKANAKUNNUMMAL
HOUSE, IYADY PO, KOZHIKODE,, PIN - 673 305
6 SAJEENDRAN CK, AGED 44 YEARS, SAJEENDRAN C.K.
S/O. BALAN, DRIVER CUM ATTENDANT, VETERINARY
POLY-CLINIC, VATAKARA, KOZHIKODE, RESIDING AT
LAYAM, CHEMMARATHUR, KOTTAPPALLI, VATAKARA,
O.P.(KAT)No.69 of 2024
..2..
KOZHIKODE,, PIN - 673 101
7 JITHESH P.K., AGED 41 YEARS, S/O. GANGADHRAN
NAIR, AGED DRIVER CUM-ATTENDANT, VETERINARY
POLY-CLINIC, POONATH, KOZHIKODE, RESIDING AT
POONTHOTTATHIL, PUNATHIL P.O, NADUVANNUR,
KOZHIKODE,, PIN - 673 614
8 SHIJITH V.K., AGED 41 YEARS, , S/O. KUNHIKANNAN,
DRIVER CUM ATTENDANT, VETERINARY HOSPITAL,
KUNNUMAL, KOZHIKODE, RESIDING AT VILLIAMPARA
HOUSE, MARTHONGARA PO, KOZHIKODE,, PIN - 673 506
9 VIPIN V.P, AGED 38 YEARS, S/O. VASU V.P., DRIVER
CUM ATTENDANT, VETERINARY DISPENSARY,
THAMARASSERY, KOZHIKODE, RESIDING AT
VIRUNAPURATH HOUSE, MATTANODE PO, KOORACHUNDU
VIA., KOZHIKODE DISTRICT, PIN-673 527., PIN -
673 573
10 MURALEEDHARAN A.M, AGED 47 YEARS, S/O. BALAN,
DRIVER CUM ATTENDANT, VETERINARY HOSPITAL,
THUNELY, KOZHIKOE, RESIDING AT PADINHARAYIL
HOUSE, MOKERI PO, KAKKATTIL VIA., KOZHIKODE
DISTRICT,, PIN - 673 507
BY ADV O.D.SIVADAS
RESPONDENTS/RESPONDENTS:
THE DISTRICT ANIMAL HUSBANDRY OFFICER ,
(I/C), ANIMAL HUSANDRY DEPARTMENT, BANK ROAD,
KOZHIKODE,, PIN - 673 104
SMT. B VINITHA SR GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT)No.69 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The petitioners were included in the ranked list prepared
by the Kerala Public Service Commission (for short KPSC) for
the appointment of Driver Grade II LDV in various
departments in Kozhikode District. The ranked list expired on
5.02.2021.
2. The petitioners' present case is that there are
candidates provided by the employment exchange working in
various Departments in Kozhikode and therefore, petitioners
should be appointed in those vacancies by replacing them.
The Kerala Administrative Tribunal declined a relief in the
matter. The petitioners placed reliance on judgment of this
Court in Antony Stejo v. State of Kerala [2019 (1) KLT
556].
We find that the petitioners had no vested right to seek
an appointment in preference to any other appointees merely
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for the reason that the petitioners are included in a KPSC
ranked list. There is no merit in this original petition, and
accordingly, dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
M.A.ABDUL HAKHIM
JUDGE
PR
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APPENDIX OF OP(KAT) 69/2024
PETITIONER ANNEXURES
Annexure A1 : THE TRUE COPY OF THE RANK LIST
NO.113/18/DOD PUBLISHED BY THE KERALA
PUBLIC SERVICE COMMISSION, TO THE POST
OF DRIVER, GRADE II (LDV) IN KOZHIKODE
DISTRICT.
Annexure A2 TRUE COPY OF THE ORDER NO.DAHO/ KKD /
764 /2021 B2 DATED 19.6.2023 ISSUED BY
THE RESPONDENT.
Annexure A3 TRUE COPY OF THE ORDER NO.DAHO / KKD /
962 /2023-B3 DATED 27.7.2023 ISSUED BY
THE RESPONDENT.
Exhibit P1 TRUE COPY OF OA (EKM) NO.1546/2023
ALONG WITH ANNEXURES, ON THE FILES OF
THE HON'BLE TRIBUNAL.
Exhibit P2 TRUE COPY OF THE ORDER DATED
28.11.2023 IN OA(EKM) NO.1546/2023 ON
THE FILES OF THE HON'BLE TRIBUNAL.
