Kerala High Court
Shaju T vs The Kerala Public Service Commission on 10 June, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
OP(KAT) NO. 81 OF 2019
AGAINST THE ORDER DATED 21.08.2018 IN RA(EKM) NO.3 OF
2018 IN IN OA(EKM) NO.2321 OF 2017 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT IN OA:
BABURAJAN.D.B, AGED 43 YEARS, S/O VELAYUDHAN,
KURISHUMTHADATHIL HOUSE, KAPPATTUMKUNNU,
PUZHAMUDI P.O.KALPETTA, WAYANAD-673 122.
BY ADVS.
SRI.P.NANDAKUMAR
SHRI.S.ANEESH
SMT.AMRUTHA SANJEEV
RESPONDENTS/RESPONDENTS IN OA:
1 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, P.S.C.OFFICE,
PATTOM, THIRUVANANTHAPURAM-695 004.
2 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, DISTRICT
OFFICE, WAYANAD-673 122
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
2
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
A.J. VARGHEESE SR GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 10.06.2025, ALONG WITH OP(KAT).87/2018,
224/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
OP(KAT) NO. 87 OF 2018
AGAINST THE ORDER DATED 01.02.2018 IN OA NO.753 OF
2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
JAHFAR K, AGED 36 YEARS, S/O ABDULLA, PALLIYALIL
HOUSE, AREECODE, MALAPPURAM.
BY ADV SRI.O.D.SIVADAS
RESPONDENTS/RESPONDENTS:
1 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM. 695 004
2 THE SECRETARY, KERALA PUBLIC SERVICE
COMMISSION,PATTOM, THIRUVANANTHAPURAM. 695 004.
3 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE
COMMISSION,CIVIL STATION, MALAPPURAM. 676 101
4 THE STATE OF KERALA, REPRESENTED BY CHIEF
SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM. 695 001.
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
4
ADDL.R5 ASKER ALI, S/O.KHADEEJA, AGED 37 YEARS,
CHERUPARAMBIL, MAVANDIYOOR, VADAKKUMPURAM P.O.,
MALAPPURAM DISTRICT.
ADDL.R6 SURJIT M.V., S/O. GANGADHARAN, AGED 29 YEARS,
MANNASSERI HOUSE, MADAVOOR, KOZHIKODE, ERAVANNUR
POST, PIN-673 005.
ADDL.R7 SANTHOSH K., S/O. BALAN, AGED 39 YEARS, KUDUVAN
HOUSE, PAVANNUR, MAYYIL, KANNUR.
(ADDITIONAL R5 TO R7 ARE IMPLEADED AS PER ORDER
DATED 13/04/2018 IN IA NO.764/2018 IN OP(KAT)
87/2018)
BY ADVS.
SMT.A.ARUNA
SHRI.KALEESWARAM RAJ
SRI.M.G.SREEJITH
KUM.THULASI K. RAJ
SRI.VARUN C.VIJAY
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
A.J. VARGHEESE SR GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 10.06.2025, ALONG WITH OP(KAT).81/2019
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
OP(KAT) NO. 224 OF 2018
AGAINST THE ORDER DATED 01.02.2018 IN O.A. (EKM)
NO.726 OF 2017 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER/2ND PETITIONER IN OA:
SHAJU T, AGED 37 YEARS, AGED 37, S/O. CHANDRAN T,
AGED 32 YEARS, THEKKAN HOUSE, KANHIRODE P.O,
KANNUR - 670 572.
BY ADVS.
SHRI.ELVIN PETER P.J. (SR.)
SRI.K.R.GANESH
RESPONDENTS/RESPONDENTS 1 TO 5 AND APPLICANTS 1,3 TO 5 IN
OA:
1 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM - 695 004.
2 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
6
COMMISSION, CIVIL STATION, KANNUR - 670 001,
KERALA.
3 THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION,
THIRUVANANTHAPURAM - 695 004.
4 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
TO GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
5 SUNIL KUMAR M., AGED 43 YEARS, S/O. K. KRISHNAN,
THOLAPARAMBATH HOUSE,KRISHNARAYAM, PALAKKAD - 670
661
6 SANTHOSH V., AGED 40 YEARS, S/O. KUNHIRAMAN,
PUTHANPURAYIL HOUSE,PINARAYI P.O, KANNUR - 670
741, KERALA.
7 AJAYAKUMAR T.V, AGED 40 YEARS, THAZHATHEVEETIL
HOUSE, KANHIRANGAD P.O,THALIPARAMBA, KANNUR - 670
142, KERALA.
8 GIREESAN V., AGED 39 YEARS, S/O. MADHAVAN P, AGED
39, AISWARYA, KANHILERI P.O, MATTANNUR, KANNUR -
670 702.
9 SHYJU P, AGED 38 YEARS, S/O. KUMARAN K., AGED 38,
CHALIL HOUSE, MANANTHERI P.O, KUTHUPARAMBA,
KANNUR - 670 643.
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
A.J. VARGHEESE SR GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 10.06.2025, ALONG WITH OP(KAT).81/2019
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
7
JUDGMENT
[OP(KAT) Nos.81/2019, 87/2018, 224/2018]
A. Muhamed Mustaque, J.
The petitioners in all these original petitions are the
candidates included in the ranked list for the post of Driver
Grade II (LDV) in various departments of the Government
pursuant to Annexure A1 notification. The Kerala Public Service
Commission (for short, "KPSC"), as per the notification, insisted
that the candidates should have a valid driving license and a
driver's badge with three years' validity before the last date of
submission of the application. This was questioned by some of
the candidates. Thereafter, the Tribunal upheld the challenge
and held that the driver's badge with three years' validity is not
required. Consequently, the candidates who do not have the
driver's badge with three years' validity were also included in
the ranked list, and the KPSC implemented the directions of the
Tribunal. It is to be noted that many candidates have already
been advised. The ranked list was of the year 2016. We do not
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
find any scope for interference at the distance of time, and the
candidates cannot be granted any relief even if this Court
overturns the judgment as the appointments have already been
effected and they have entered into the service. These original
petitions are, accordingly, dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
PR
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
APPENDIX OF OP(KAT) 81/2019
PETITIONER EXHIBITS
ANNEXURE A1 TRUE COPY OF THE NOTIFICATION PUBLISHED
BY THE 1ST RESPONDENT DATED 15.03.2014
AS CATEGORY NO.16/2014.
ANNEXURE A2 TRUE COPY OF THE RANKED LIST
NO.884/16/DOW DATED 30.12.2016.
ANNEXURE A3 TRUE COPY OF THE PROVISIONAL
APPOINTMENT CHART ISSUED BY THE 2ND
RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE VACANCIES REPORTED
FROM DIFFERENT DEPARTMENTS TO THE 2ND
RESPONDENT WITH DATES.
ANNEXURE A5 TRUE COPY OF THE ORDER DATED 09.12.2016
IN O A NO.410/2016.
ANNEXURE A6 TRUE COPY OF THE LETTER WRITTEN BY THE
1ST RESPONDENT TO ALL THE DISTRICT
OFFICERS DATED 16.02.2017.
ANNEXURE A7 TRUE COPY OF THE REPORT GIVEN BY THE
1ST RESPONDENT TO THE KERALA STATE
YOUTH COMMISSION DATED 02.05.2017.
ANNEXURE A8 TRUE COPY OF THE ORDER PASSED BY THE
KERALA ADMINISTRATIVE TRIBUNAL DATED
14.09.2017 IN RA NOS.16/2017 AND
17/2017 IN OA NO.410/2016.
ANNEUXRE A9 TRUE COPY OF THE LETTER NO.WRI (3)
2003/2107 DATED 08.08.2017 GIVEN BY THE
2ND RESPONDENT UNDER RIGHT TO
INFORMATION ACT.
ANNEXURE RA1 A PHOTOCOPY OF DECISION NO.34 DATED
14.12.2015.
ANNEXURE RA2 A PHOTOCOPY OF DECISION NO.81 DATED
30.01.2017.
ANNEXURE RA3 PHOTOCOPY OF DECISION NO.64 DATED
08.05.2017.
ANNEXURE RA4 A PHOTOCOPY OF INTERIM ORDER DATED
08.12.2017 IN M.A.(EKM) NO.2102/2017 IN
O.A. (EKM) NO.818/2017.
ANNEXURE RA5 A PHOTOCOPY OF FINAL ORDER DATED
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
01.02.2018 IN OA (EKM) 712/2017 AND
CONNECTED CASES.
ANNEXURE RA6 A CERTIFIED COPY OF THE FINAL ORDER
DATED 06.02.2018 IN OA (EKM) 2321/2017.
EXHIBIT P1 TRUE COPY OF OA (EKM) NO 2321 OF 2017
ALONG WITH ANNEXURES
EXHIBIT P2 TRUE COPY OF ORDER DATED 6.2.2018 IN
O.S (EKM) 2321 OF 2017
EXHIBIT P3 TRUE COPY OF RA (EKM) 3 OF 2018 ALONG
WITH ANNEXURE
EXHIBIT P4 TRUE COPY OF ORDER DATED 21.8.2018 IN
RA (EKM) NO 3 OF 2018 IN (EKM) NO 2321
OF 2017
EXHIBIT P5 TRUE COPY OF ORDER IN OA (EKM) NO 2321
OF 2017 DATED 21.8.2018
EXHIBIT P6 TRUE COPY OF COMMON ORDER DATED
3.2.2017 IN IA (EKM) NO 491 OF 2016 AND
CONNECTED CASES
EXHIBIT P7 TRUE COPY OF ADDENDUM NOTIFICATION NO
WS (3) 1279/15 DATED 31.1.2019 ISSUED
BY THE 2ND RESPONDENT
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
APPENDIX OF OP(KAT) 87/2018
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE ORDER DATED 1.2.2018 IN O.A
NO. 753 OF 2017 OF THE HON'BLE KAT.
EXHIBIT P2 COPY OF THE O.A 753 OF 2017 WITH
ANNEXURES FILED BEFORE HON'BLE KAT.
EXHIBIT P3 THE COPY OF THE ORDER IN OA NO.410 OF
2016 DATED 9.12.2016 RENDERED BY THE
HON'BLE KAT.
EXHIBIT P4 COPY OF THE ORDER IN O.A 696 OF 2016
DATED 28.11.2016 RENDERED BY THE
HON'BLE KAT.
EXHIBIT P5 COPY OF THE ORDER IN R.A 17 OF 2017
DATED 14.9.2017 RENDERED BY THE HON'BLE
KAT.
EXHIBIT P6 COPY OF THE ORDER IN OP(KAT) NO.398 OF
2017 DATED 25.10.2017 RENDERED BY THIS
HON'BLE COURT.
EXHIBIT P7 COPY OF THE INTERIM ORDER IN O.A 753 OF
2017 DATED 19.4.2017 RENDERED BY THE
HON'BLE KAT.
EXHIBIT P8 COPY OF THE REPLY STATEMENT FILED BY
THE PSC IN THE CONNECTED CASE BEFORE
THE HON'BLE COURT.
EXHIBIT P9 COPY OF THE RE-JOINTER FILED BEFORE THE
HON'BLE KAT.
Annexure A1 TRUE COPY OF THE NOTIFICATION PUBLISHED
BY THE COMMISSION
Annexure A2 TRUE COPY OF THE CALL LETTER ISSUED BY
THE 3RD RESPONDENT
Annexure A3 TRUE COPY OF THE DECISION OF THE KERALA
PUBLIC SERVICE COMMISSION DATED
30.01.2017
Annexure A4 TRUE COPY OF THE DECISION OF THE KERALA
PUBLIC SERVICE COMMISSION DATED
13.02.2017
2025:KER:40522
OP(KAT) Nos.81 OF 2019 and 87 & 224 of 2018
APPENDIX OF OP(KAT) 224/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE O.A(EKM) NO.726/2017
FILED BEFORE THE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM, ERNAKULAM
BENCH.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 1.2.2018
IN O.A(EKM) NO.726/2017 OF THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL.
Annexure A1 TRUE COPY OF THE NOTIFICATION FOR
APPOINTMENT TO THE POST OF DRIVER
PUBLISHED BY THE PSC
Annexure A2 TRUE COPY OF THE CALL LETTER ISSUED BY
THE 3RD RESPONDENT
EXHIBIT P1(A) TRUE COPY OF THE M.A NO.3213/2017 IN
O.A(EKM) NO.726/2017.
Annexure A3 TRUE COPY OF DECISION DT.30.1.2017 OF
THE PSC.
Annexure A4 TRUE COPY OF DECISION DT.13.2.2017 OF
THE PSC
