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Dhanesh.K vs State Of Kerala
2024 Latest Caselaw 26769 Ker

Citation : 2024 Latest Caselaw 26769 Ker
Judgement Date : 5 September, 2024

Kerala High Court

Dhanesh.K vs State Of Kerala on 5 September, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                2024:KER:67387

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

THURSDAY, THE 5TH DAY OF SEPTEMBER 2024/14TH BHADRA, 1946

                   WP(C) NO. 39994 OF 2023

PETITIONER:

           DHANESH.K
           AGED 26 YEARS
           S/O DAMODARAN P.K,
           PATTEL KADAPPURAM, PADANNAKADUPURAM,
           KASARAGOD, PIN - 671312


           BY ADVS.
           NAHAS H.
           RIZWANA T.N



RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY GOVERNMENT PLEADER,
           HIGH COURT OF KERALA, PIN - 682031

    2      KERALA PUBLIC SERVICE COMMISSION
           THE SECRETARY THE KERALA PUBLIC SERVICE
           COMMISSION,MG ROAD,PATTOM,T
           HIRUVANATHAPURAM, PIN - 695004

    3      KERALA STATE CO-OPERATIVE FEDERATION FOR
           FISHERIES DEVELOPMENT LTD. MATSYAFED
           REPRESENTED BY THE SECRETARY
           MATSYAFED,KAMAESWARAM,MANACUD P.O,
           TRIVANDRUM, PIN - 695009
                                            2024:KER:67387
WP(C) No.39994 of 2023
                           2
         BY ADVS.
         SMT.MARY BEENA JOSEPH, SENIOR GOVENMENT PLEADER
         SRI.P.C. SASIDHARAN, STANDING COUNSEL
         SRI.T.P. PRADEEP, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                     2024:KER:67387
WP(C) No.39994 of 2023
                                 3




                           JUDGMENT

Dated this the 5th day of September, 2024

Pursuant to Ext.P2 notification issued by the Kerala

Public Service Commission, the petitioner applied for

selection and appointment to the post of Accountant Part II

(Fishermen / Dependent of Fishermen Category) in the Kerala

State Co-operative Federation for Fisheries Development

Limited (MATSYAFED).

2. The application of the petitioner was

rejected, for the reason that the dependency certificate

produced by him is obtained only after the last date of receipt

of the application. The petitioner states that the dependency

certificate was uploaded by him correctly and within time.

Aggrieved by the rejection of application and non inclusion in

the rank list, the petitioner has preferred this writ petition.

2024:KER:67387

3. A counter affidavit is filed on behalf of the

Public Service Commission wherein it is stated that the

admissibility of the petitioner's application was examined

again and it was decided to accept the dependency certificate

produced by him.

4. When the writ petition came up for further

consideration today, the learned Standing Counsel for the

Public Service Commission as well as the learned counsel for

the petitioner submitted that the Public Service Commission

has issued an addendum notification dated 29.08.2024

whereby the petitioner has been included in the Rank list

(Main list) as Rank No.1A. The learned Standing Counsel

also submitted that the appointments to the post will be made

as per the rank of the candidates in the Rank list.

5. In the light of the addendum notification dated

29.08.2024 issued by the Public Service Commission, nothing

survives to be considered in this writ petition.

2024:KER:67387

Accordingly, the writ petition is disposed of. If the

petitioner has got any further grievance as regards seniority or

other matters pertaining to his service, it will be open to him to

pursue the remedies in accordance with law.

Sd/-

MURALI PURUSHOTHAMAN JUDGE spk 2024:KER:67387

APPENDIX OF WP(C) 39994/2023

PETITIONER EXHIBITS

ExhibitP1 TRUE COPYOF THE DEGREE CERTIFICATE OF THE PETITIONER

Exhibitp2 TRUE COPY OF THE NOTIFICATION CATEGORY NUMBER 218/2020 NUMBER DATED ON 16/11/2020

ExhibitP3 TRUE COPY OF THE NOTIFICATION CATEGORY NUMBER 230/2020 ASSISTANT GRADE 2 / JUNIOR DATED 16/11/2020

ExhibitP4 TRUE COPY OF THE NOTIFICATION, CATEGORY NUMBER 239/ 2020 FOR THE POST OF STORE KEEPER DATED 16/11/2020

ExhibitP5 TRUE COPY OF THE MAIN LIST CATEGORY NUMBER 218/2020 DATED 17/12/2022

ExhibitP6 TRUE COPY OF THE ADDENDUM NOTIFICATION DATED ON 13/02/2023

ExhibitP7 TRUE COPY OF THE ORDER DATED 21/08/2023

ExhibitP8 TRUE COPY OF THE RANK LIST IN CATEGORY NO. 230/2020 DATED 23/12/2022

ExhibitP9 TRUE COPY OF THE PSC PROFILE OF THE PETITIONER

ExhibitP10 TRUE COPY OF THE MESSAGE FROM THE SECOND RESPONDENT

ExhibitP11 TRUE COPY OF THE DEPENDENCY CERTIFICATE DATED ON 03/11/2022 2024:KER:67387

ExhibitP12 TRUE COPY OF THE RTI DATED 10/08/2023

ExhibitP13 TRUE COPY OF THE REPLAY OF RTI DATED 11/09/2023

ExhibitP14 TRUE COPY OF THE FISHERMAN PASSBOOK OF THE PETITIONERS FATHER.

ExhibitP15 THE TRUE COPY OF THE REPRESENTATION FILED BEFORE THE SECOND RESPONDENT DATED 10/08/2023

Exhibit P16 THE TRUE COPY OF THE DEPENDENCY CERTIFICATE DATED 1.9.2022 ISSUED FROM VALIYAPARAMBA VILLAGE OFFICER

Exhibit P17 THE TRUE COPY OF THE RANK LIST DATED 25.7.2023

 
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