Kerala High Court
Prathaben.K.B vs The Kerala State Beverages Corporation ... on 1 November, 2024
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WP(C) NO. 16227 OF 2019 2024:KER:87116
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO.16227 OF 2019
PETITIONER:
PRATHABEN.K.B.,
AGED 35 YEARS, S/O. BHASKARAN, OFFICE ATTENDANT,
FL 1 9023, KSBC LIMITED, SREEKRISHNAPURAM,
PALAKKAD 678 631. MOB. 9447607330
BY ADV U.BALAGANGADHARAN
RESPONDENTS:
1 THE KERALA STATE BEVERAGES CORPORATION (M & M)LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR, SASTHAKRIPA
OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM
695010
2 THE MANAGING DIRECTOR,
KERALA STATE BEVERAGES CORPORATION(M&M) LTD.,
SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM,
THIRUVANANTHAPURAM 695 010
3 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM
THIRUVANANTHAPURAM 695 004.
BY ADVS.
SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. & M.
SRI.P.C.SASIDHARAN, SC, KPSC
OTHER PRESENT:
SRI.E.S ASHARAF,R3 FOR P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 16227 OF 2019 2024:KER:87116
JUDGMENT
Petitioner was appointed with the 1st respondent herein
as office attendant in the year 2014.
2. Ext.P1 is the notification dated 26.11.2015 issued
by the 3rd respondent for appointment to the post of L.D.Clerk
(By Transfer), wherein 10% reservation was extended as
against L.D.Clerks, who are already working in the 1st
respondent Corporation. The petitioner sought to apply as
against the 10% reservation as above. As per Ext.P1, the
petitioner was also to produce a "service certificate" along
with the application. It is seen that the petitioner sought for
a "service certificate" from the 1st respondent herein and the
2nd respondent issued Ext.P2 service certificate dated
21.02.2019, noticing that the petitioner was working with the
Corporation from 27.10.2014, his appointment being neither
regularised nor probation declared.
3. On account of the above, the petitioner was not
considered and ultimately Ext.P6 ranked list was also
WP(C) NO. 16227 OF 2019 2024:KER:87116
prepared, wherein the petitioner was not included. It is in the
afore circumstances that the captioned writ petition is filed by
the petitioner.
4. I have heard Sri.U.Balagangadharan, learned
counsel for the petitioner, Sri.E.S.Asharaf on behalf of
Sri.P.C.Sasidharan, the learned Standing Counsel for the
Kerala Public Service Commission, and Sri.T. Naveen for
respondents 1 and 2.
5. The challenge in this writ petition is against the
ranked list at Ext.P6. It is seen that the petitioner had a claim
pursuant to Ext.P1, in the 10% vacancy reserved for the
lower grade employees, who were already in service. It is also
to be noticed that along with Ext.P1, a service certificate was
also to be produced by the candidate mandatorily. The service
certificate produced by the petitioner is Ext.P2. A reading of
Ext.P1 would show that it is only an approved probationer,
who is entitled to be considered pursuant to Ext.P1 in the
reserved quota. In the certificate at Ext.P2, the fact that the
petitioner's probation was not declared, is specifically noticed.
WP(C) NO. 16227 OF 2019 2024:KER:87116
Sri.T.Naveen, the learned counsel appearing for respondents
1 and 2 specifically points out that it was only on account of
the non-production of the police verification certificate and
PSC Certificate that the probation was not declared then.
Though the learned counsel for the petitioner relied on
Ext.P10 proceedings dated 20.11.2023 to point out that the
petitioner's probation has been subsequently declared with
retrospective effect from 2015, I am of the opinion that
insofar as the candidature was pursuant to Ext.P1, which was
a notification issued in the year 2015, the subsequent
declaration of probation in the year 2023 may not be of any
help to the petitioner. It was with respect to the date of Ext.P1
that the petitioner ought to have produced a certificate, as
prescribed under Ext.P1. The fact that the petitioner only
produced Ext.P2 service certificate is also not in dispute.
6. In such circumstances, I am of the opinion that the
petitioner is not entitled for any of the reliefs sought for in
this writ petition.
Resultantly, this writ petition would stand dismissed.
WP(C) NO. 16227 OF 2019 2024:KER:87116
However, I make it clear that the petitioner is entitled to
apply with reference to future notifications against future
vacancies to be issued by the 3rd respondent.
Sd/-
HARISANKAR V. MENON
JUDGE
Skk//17.11.2024
WP(C) NO. 16227 OF 2019 2024:KER:87116
APPENDIX OF WP(C) NO.16227 OF 2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF NOTIFICATION IN GASETTE DATED
26.11.2015 FOR CATEGORY 416/2015 ISSUED BY PSC
EXHIBIT P2 TRUE COPY OF SERVICE CERTIFICATE ISSUED BY THE
SECOND RESPONDENT DATED 21.2.19
EXHIBIT P3 TRUE COPY OF CERTIFICATE ISSUED BY THE SECOND
RESPONDENT DATED 11.2.2019
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DOWN LOADED FROM
THE OFFICIAL WEB SITE OF KPSC REGARDING INCLUSION
IN SHORT LIST.
EXHIBIT P5 TRUE COPY OF REPRESENTATION OF THE PETITIONER TO
THE SECOND RESPONDENT DATED 15.2.2019
EXHIBIT P6 TRUE COPY OF RANKED LIST DATED 3.6.2019 ISSUED BY
THE KPSC
EXHIBIT P7 A TRUE COPY OF JUDGMENT IN CALENDER CASE
NO.863/2014 DATED 25.07.2019 ON THE FILE OF THE
JFCM, PALAKKAD
EXHIBIT P8 A TRUE COPY OF JUDGMENT IN CALENDER CASE
NO.896/2014 DATED 23.09.2019 ON THE FILE OF JFCM,
PALAKKAD
EXHIBIT P9 A TRUE COPY OF LETTER RECEIVED UNDER RTI ACT FROM
KPSC, THIRUVANANTHAPURAM DATED 24.6.2019
EXHIBIT P 10 A TRUE COPY OF THE ORDER NO.KSBC/10356/2023-AE9
DATED 20.11.2023
EXHIBIT P 11 A TRUE COPY OF THE JUDGMENT IN S.C NO. 315/2011
DATED 11.07.2023 OF THE ASSISTANT SESSIONS JUDGE
[ PRINCIPAL ], PALAKKAD
EXHIBIT P 12 A TRUE COPY OF THE JUDGMENT IN C C NO. 863/2014
DATED 25.07.2019 OF THE JUDICIAL FIRST CLASS
MAGISTRATE-II . PALAKKAD
EXHIBIT P 13 A TRUE COPY OF THE JUDGMENT IN C C NO. 896/2014
DATED 23.09.2019 OF THE JUDICIAL FIRST CLASS
MAGISTRATE - II . PALAKKAD
WP(C) NO. 16227 OF 2019 2024:KER:87116
EXHIBIT P 14 A TRUE COPY OF THE LETTER ISSUED BY THE UNDER
SECRETARY & STATE PUBLIC INFORMATION OFFICER
DATED 24/06/2019
EXHIBIT P 15 A TRUE COPY OF THE NOTIFICATION LIST OF
CANDIDATES FOR SELECTION TO THE POST OF LD CLERK
DATED 3/06/2019 RANKED LIST NO.330/2019/ERIVSB
RESPONDENTS' EXHIBITS:
EXHIBIT-R1(A) TRUE COPY OF THE ORDER, G.O.(P)NO.41/2010/P&ARD
DT.14-12-2020 ISSUED BY THE GOVERNMENT
EXHIBIT-R1(B) TRUE COPY OF THE POSTING ORDER
NO.AE15/8910/14/KSBC DATED 28-10-2014 ISSUED BY
THE CORPORATION TO THE PETITIONER
EXHIBIT-R3(A) TRUE COPY OF THE CERTIFICATE DATED 21.02.2019.
