OP(KAT) No. 186 of 2021

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **&** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 3[RD] DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 OP(KAT) NO. 186 OF 2021** **AGAINST THE ORDER IN OA.NO.1246/2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH** ## **PETITIONER/RESPONDENT NOS 3 & 4:** - **1 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM 695 004, KERALA.** - **2 SECRETARY, KERALA PUBLIC SERVICE, COMMISSION, PATTOM, THIRUVANANTHAPURAM 695 004, KERALA. BY SRI.P.C.SASIDHARAN, STANDING COUNSEL** ## **- RESPONDENTS/APPLICANTS 1 14 & RESPONDENT NOS.1 & 2:** - **1 ANEES K., AGED 42 YEARS, S/O. ABDUL KHADAR, MEELIYATT HOUSE, TRIKARIPUR P.O. KASARGOD, KERALA 671 310. MOBILE8848854915** - **2 ELBIN JOSEPH.T.,AGED 33 YEARS S/O. BABU JOSEPH, THARAPPEL (H), EDATHOTTY, KAKKAYARIGOD P.O. KANNUR 670 673, KERALA.** - **3 AKHILJITH S.J., AGED 22 YEARS, S/O. SANTHEESH KUMAR, ROHINI BHAVAN, THENGUMCODE, KT KUNNO P.O. KOLLAM 695 608, KERALA.** ..2.. OP(KAT) No. 186 of 2021 - **4 NAVANEESH P., AGED 39 YEARS, S/O. NARAYANAN NAIR, PURATHOL(H), KIZHAKKUMURI P.O. KAKKODI VIA , KOZHIKODE 673 611, KERALA.** - **5 SAJAN K. X., AGED 35 YEARS, S/O. XAVIOUR K U, KANNADIPAPRAMBIL (H) CHEERAKKAPARAMBA P.O. ANGADIPPURAM VIA, MALAPPURAM 679 321, KERALA.** - **6 VINOD K., AGED 37 YEARS, S/O. KRISHNAN (LATE), NARIYAMPARAMBIL, HOUSE, KATTUSSERY P.O. ALATHUR, PALAKKAD DISTRICT KERALA-678542** - **7 LAYA V J, AGED 37 YEARS, W/O. RAJESH K S, KALARIKKAL HOUSE P O, PULLAZHY, OLARI, THRISSUR 680 012, KERALA.** - **8 NEETHU S., AGED 37 YEARS, W/O. SUNI C G, CHETHIPARAMBIL HOUSE ,N. KUTHIYATHOD P.O. CHERUKADAPURAM, ERNAKULAM, 683 594, KERALA.** - **9 AKHIL S ARACKAL, AGED 29 YEARS, S/O. SOMAN A N, ARACKAL (H), MUTHALAKKODAM P.O. THODUPUZHA, IDUKKI 695 605, KERALA.** - **10 ANEESH A G., AGED 30 YEARS, S/O. GOPI. P M., ANITHARA (H), THOTTUVATHALA P.O. KAINAKARY, ALAPPUZHA 688 501. KERALA** - **11 ARUN N., AGED 32 YEARS, S/O. NEELAKANTAN NAIR P., CHAITHRAM (H), SOUTH GATE, VAIKOM, P.O. KOTTYAM KERALA-686141.** - **12 SAMOJ N M., AGED 30 YEARS, S/O. MOHANAN N V., NIKATHIL (H), CHERAI P.O. ERNAKULAM 683 514, KERALA.** - **13 SARIN M., AGED 24 YEARS, S/O. MOHANAN S. SARIN BHAVAN, CHAKKUVARAKAL P.O. KOTTARAKKARA, KOLLAM 691 508, KERALA.** - **14 AKHIL SABARINATH M., AGED 27 YEARS, S/O. MURALEEDHARAKURUP, POLUMAYIL VEEDU, PERUMBEZHY, THIRUVANANTHAPURAM 695 610. KERALA** OP(KAT) No. 186 of 2021 ..3.. - **15 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695 001. KERALA.** - **16 SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, SECRETARIAT, THIRUVANANTHAPURAM 695 001, KERALA.** **BY ADVOCATE SMT.A.ARUNA SRI.ANTONY MUKKATH,SR.GOVT.PLEADER** **THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT) No. 186 of 2021 ..4.. ## ALEXANDER THOMAS & A.BADHARUDEEN, JJ. ----------------------------------------------------------------------------O.P.(KAT) No. 186 of 2021 _{arising out of the impugned interim order dated 29.7.2021 in O.A. No. 1246/2021 on the file of the KAT, Thiruvananthapuram Bench}_ ------------------------------------------------------------------------------ Dated this the 3[rd] day of August, 2021 ## J U D G M E N T ## **ALEXANDER THOMAS, J.** The prayers in OP(KAT) No.186/2021 filed under Articles 226 & 227 of the Constitution of India are as follows _[See page 23 of_ _the paper book of this OP(KAT)]_ : “ _i) To set aside Exhibit-P3, interim order of the Hon’ble Tribunal dated 29707/2021, O.A.No.1246 of 2021 and dismiss the interlocutory application._ _And_ _ii) To issue such other writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.”_ 2. Heard Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission (PSC), appearing for the petitioners in the O.P./R-3 & R-4 in the O.A. before the Tribunal, Smt.A.Aruna, learned counsel appearing for contesting respondents 1 to 14 in the O.P./applicants in the O.A. and Sri.Antony Mukkath, learned Senior Government Pleader OP(KAT) No. 186 of 2021 ..5.. appearing for official respondents 15 & 16 in the O.P./R-1 & R-2 in the O.A. 3. The prayers in the instant Ext.P-1 O.A. No. 1246/2021 filed by contesting respondents 1 to 14 herein before the KAT, Thiruvananthapuram Bench, are as follows _[See pages 45 & 46 of the paper book of this OP(KAT)]_ : - “ - i. _To set aside Annexure A16 to the extent to which it refuses to extent the validity of Annexure A1 to A14 ranked lists till those completes four and half years and extension is allowed only till 04.08.2021 as unjust, illegal, arbitrary, violative of Proviso 5 of Rule 13 of Kerala Public Service Commission Rules of Procedure and fundamental rights of the petitioner._ - ii. _To declare that, the validity Annexure A1 to A14 ranked lists are to be extended till those completes four and half years i.e. Till 29.12.2022._ - iii. _To direct the respondents 1 to 3 to extent the validity Annexure A1 to A14 ranked lists till those completes four and half years i.e till 29.12.2022._ - iv. _To declare that, the vacancies of Last Grade servants arising in various Departments of the 1[st] Respondents till 29.12.2022 has to be filled up by advising and appointing candidates from Annexure A1 to A14 ranked lists._ - v. _To direct the 1[st] respondent to direct the respective officers to report all the vacancies of Last Grade Servants arising various Departments of the 1[st] Respondents till 29.12.2022 to Kerala Public Service Commission before the expiry of Annexures A1 to A14 ranked lists._ - vi. _To direct the respondents to fill up the vacancies of Last Grade servants arising in various Departments of the 1[st] Respondents till 29.12.2022 by advising and appointing candidates from Annexure A1 to A14 ranked lists._ - vii. _To grant such other reliefs as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case; and_ - viii. _To allow the application with costs.”_ 4. The interim relief sought for by the original applicants OP(KAT) No. 186 of 2021 ..6.. in the Ext.P-1 O.A. No. 1246/2021 are as follows _[See page 46 of the paper book of this OP(KAT)]_ : - “ - _i. Directing the respondents to not to fill up the vacancies of last grade servants arising in various departments of 1[st] respondent till 29.12.2022 except from Annexure A1 to A14 ranked lists. And_ - _ii. Provisionally extending the validity of Annexure A1 to A14 ranked lists till 29.12.2022.”_ 5. The Tribunal after hearing both sides, has now rendered the impugned Ext.P-3 interim order dated 29.7.2021 in O.A. No. 1246/2021 holding that, in view of the operation of law as per the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, the minimum period of extension of the validity of ranked list must be not less than 3 months, and that therefore the respondent PSC is not competent to extend the ranked list for a period less than 3 months, once it takes a decision to extend the ranked list in terms of the fifth proviso, such extension can be only for a period of not less than 3 months and accordingly declared in para 7 of Ext.P-3 that as the Commission has decided for the reasons stated in Anx.A-16 notification dated 12.2.2021, to keep alive Anxs.A-1 to A-14 ..7.. OP(KAT) No. 186 of 2021 ranked lists dated 30.6.2018 beyond its original term of expiry on 29.6.2021, it must be for a minimum period of 3 months from 29.6.2021 and not less, i.e., up to 28.9.2021 (midnight), and further ordered that advices to all the vacancies reported to the Commission during the said period will be effected from those ranked lists as per Anxs.A-1 to A-14. Further, the Tribunal has also ordered that the O.A. will stand posted for final hearing after the Onam Holidays, and that respondents 1 & 2 in the O.A. (The State and the Department) shall file their reply statements in the O.A. and that the PSC has already filed their reply statement etc. It is this interim order at Ext.P-3 that is under challenge in this Original Petition at the instance of the Kerala Public Service Commission and its Secretary. 6. A brief recital of the facts leading to abovesaid interim order may be necessary. The original applicants claimed to be persons who are duly included in Anxs.A-1 to A-14 ranked lists published by the PSC for each of the 14 districts in the State, and brought into effect from 30.6.2018 and the validity of said ranked lists was to expire on 29.6.2021. Later, the PSC in exercise of its ..8.. OP(KAT) No. 186 of 2021 powers conferred under the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure has promulgated Anx.A-16 notification dated 5.2.2021 ordering that the period of various ranked lists, terms of which expire during the period from 5.2.2021 to 3.8.2021, will stand extended up to 4.8.2021. Hence, in view of the issuance of Anx.A-16 notification dated 5.2.2021, the PSC has notified that currency of Anxs.A-1 to A-14 ranked lists, which were otherwise only up to 29.6.2021, will also stand extended up to 4.8.2021, as in the case of all the other ranked lists covered by Anx.A-16. 7. The grievance voiced by the applicants in the O.A. was to the effect that when many candidates included in many other ranked lists have secured the benefit of extension for even up to a period of 6 months, the present original applicants and others included in Anxs.A-1 to A-14 ranked lists for the post of Last Grade Servants in the 14 districts concerned, will get the benefit of extension of ranked lists only for a period of one month and 4 days, ie, for the period from 29.6.2021 up to 4.8.2021. 8. The main argument raised by Smt.A.Aruna, learned OP(KAT) No. 186 of 2021 ..9.. counsel appearing for the original applicants/contesting respondents herein is to the effect that, it may be true that the power conferred as per the provision contained in the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, may be conferment of power without duty as held by the Division Bench of this Court in the case in _**Subina v. State of Kerala [2019 (3) KLT 735 (DB)],**_ that, once the Public Service Commission after completing the necessary formalities takes a considered positive decision to exercise the discretionary power conferred under the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, for extension of the period of the lists, then the extension of validity of ranked lists can only be for a period of not less than 3 months and at the same time cannot exceed for a period more than 1½ years. That, in the instant case, the stand of the PSC that even for ranked lists as in Anxs. A-1 to A-14 which are to expire on 29.6.2021 will stand extended only up to 4.8.2021, and not for the minimum 3 months period from 29.6.2021, is beyond the competence of the PSC. In other words, the contention of the applicants is that, once the OP(KAT) No. 186 of 2021 ..10.. PSC triggers a decision in terms of the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, after the due process, then the inexorable consequence thereof is that the minimum period of extension of the ranked lists will be for a period which is not less than 3 months from the date of expiry, and the maximum period of extension cannot be for more than 1½ years. It is this contention of the original applicants that has now been accepted by the Tribunal in the interim verdict given at Ext.P-3. 9. Whereas, the main contention raised by Sri.P.C.Sasidharan, learned Standing Counsel for the PSC, appearing for the petitioners in the O.P./R-3 & R-4 in the O.A. before the Tribunal, is to the effect that a learned Single Judge of this Court had rendered a judgment in WP(C).No.18673/2017 wherein it was _inter alia_ ordered that the validity of ranked list concerned therein should have been extended for a period not less than 3 months, once the PSC has taken decision to extend it and not for a period less than that. Aggrieved thereby, the PSC had preferred Writ Appeal No.1928/2017 and that a Division Bench of ..11.. OP(KAT) No. 186 of 2021 this Court as per common judgment rendered on 1.3.2018 in W.A.Nos.1865 & 1928 of 2017 and connected cases and has _inter alia_ observed in para 36 thereof that even if the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, speaks otherwise (in the matter of minimal period of extension as 3 months), to grant benefit of extension only to one ranked list, which will not be available for any other ranked lists, may not be a proper course of procedure, as the fifth proviso to Rule 13 speaks about ranked lists and not about a single ranked list, etc. 10. Further, the learned Standing Counsel for the PSC, would also place reliance on various other decisions as in the judgment of Division Bench of this Court as in _**Subina’s case supra [2019 (3) KLT 735 (DB)],**_ wherein it has been held by the Division Bench of this Court in unequivocal terms that the provision contained in the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, is only an aspect of conferment of power to the PSC, and it will not amount to conferment of a power coupled with duty, and therefore the OP(KAT) No. 186 of 2021 ..12.. matters relating to the extension of ranked lists would be solely within the domain of the PSC, etc. 11. Smt.A.Aruna, learned counsel appearing for contesting respondents 1 to 14 in the O.P./applicants in the O.A. has vehemently and strongly opposed the said pleas of the Standing Counsel for the PSC, and has also _inter alia_ placed reliance on decision of a Single Bench of this Court as in Anx.A-27 common judgment dated 19.6.2017 in WP(C) Nos. 4178 & 5344 of 2017, and would also point out that the writ appeals preferred against those judgments were rejected by the Division Bench of this Court, etc. 12. The fifth proviso to Rule 13 of the Kerala Public Service ## Commission Rules of Procedure, reads as follows: _“Rule 13. The ranked lists published by the Commission shall remain in force for a period of one year from the date on which it was brought into force provided that the said list will continue to be in force till the publication of a new list after the expiry of the minimum period of one year or till the expiry of three years whichever is earlier:_ |_earlier:_|||| |---|---|---|---| |_xxxx_|_xxxx_|_xxxx_|_xxxx_| |_xxxx_|_xxxx_|_xxxx_|_xxxx_| |_xxxx_|_xxxx_|_xxxx_|_xxxx_| OP(KAT) No. 186 of 2021 ..13.. _xxxx xxxx xxxx xxxx_ _Provided further that if the Commission is satisfied of the existence of a period of general ban declared by the Government on the reporting of vacancies to the Public Service Commission or of any other circumstances or of any extraordinary situation in which the reporting of vacancies by the appointing authorities is prevented or restricted or delayed, the Commission shall have the power to keep alive the Ranked Lists which are normally due to expire during the said period for such periods as may be decided by the Commission subject to a minimum period of three months or for such further periods but not exceeding one and a half year in the aggregate. If the Commission so decides it shall issue a Notification keeping alive the Ranked Lists in the above manner and shall advise candidates from such Ranked Lists to the vacancies reported during such extended period of validity of the Ranked List.”_ 13. After hearing both sides, we specifically queried to the learned counsel for the original applicants as to how a declaration of this nature, which has the consequence of a final order, could have been rendered by the Tribunal as an interim order and not as a final verdict. 14. Smt.A.Aruna, learned counsel appearing for contesting respondents 1 to 14 in the O.P./applicants in the O.A. would point out that since the PSC is taking the strong stand that the validity of Anxs.A-1 to A-14 ranked lists will expire on 4.8.2021 on the basis of the extension granted as per Anx.A-16, and as the Apex Court has held in _**K.Thulaseedharan v. The Kerala Public Service Commission & Ors. [(2007) 6 SCC 190]**_ that, the OP(KAT) No. 186 of 2021 ..14.. power under the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure in the matter of extension of ranked list, can be exercised only at a time when the ranked list is alive, and not after the expiry of ranked list, there may be legal complications in that regard and that it may appear that the Tribunal may not be competent to give a declaration to that effect after the expiry of ranked list on 4.8.2021, as notified by the PSC in Anx.A-16. 15. After going through the pleadings and materials on record, more particularly the impugned interim order at Ext.P-3, we note that the specific case of the original applicants is to the effect that, though it may be true that the provision contained in the fifth proviso to Rule 13 is only a conferment of power without being coupled with a duty, but, once the PSC takes a decision as in Anx.A-16 to extend the ranked list in exercise of the discretionary powers under the fifth proviso to Rule 13 then, the PSC is legally obliged to extend the validity period of said ranked list, for a period not less than 3 months and for a period not going beyond 1½ years, and that this is the specific mandate of the fifth proviso OP(KAT) No. 186 of 2021 ..15.. to Rule 13, and even the PSC or the Government cannot tinker with the said aspects provided in the fifth proviso to Rule 13, unless there is an amendment to the said rule. In other words, the specific case of the original applicants is to the effect that, they are only seeking a declaration of operation of law about the mandate indicated hereinabove, and if that be so, the mere fact that the PSC is taking the stand that the ranked list is to expire on 4.8.2021, will not in any manner, by itself will preclude the Tribunal to advert to the rival pleas in that regard and then to render a considered decision as to the tenability of said plea of the original applicants as to whether the mandate of the fifth proviso to Rule 13, is that once the PSC decides to extend the ranked list, then it cannot be for a period not less than 3 months. If that be so, merely because the PSC is taking the stand that the ranked list is to expire on 4.8.2021 may not denude the powers of the Tribunal, to adjudicate the merits of abovesaid legal controversy, and then to decide as to the tenability or otherwise of said legal plea of the original applicants as to whether once the PSC decides to exercise its discretion under the fifth proviso to Rule 13, then the OP(KAT) No. 186 of 2021 ..16.. inexorable legal consequence is that the period of extension should have a minimal extension of not less than 3 months. So, the mere fact that the PSC has taken the stand that the list is to expire on 4.8.2021 by itself will not preclude the powers of the Tribunal in rendering appropraite final verdict in the matter in accordance with law. 16. There may be other situations wherein the PSC specifically mandates in terms of Rules 13 & 14 of the Kerala Public Service Commission Rules of Procedure, that advices of candidates from a the ranked list can be made only as against the vacancies reported on or before the expiry of ranked list. In such a situation, if the vacancies are reported after the expiry of ranked list, then the PSC cannot compel to make any advises as against candidates included in a time expired ranked list. It is precisely for this reason that, this Court and the Tribunal, in very many cases are passing the interim orders to protect the interests of the candidates as well as the appointing authority and the PSC and taking note of the balance of convenience that vacancies which are _prima facie_ found to be tenable, may be reported provisionally OP(KAT) No. 186 of 2021 ..17.. before the expiry of ranked list, and the matter is adjudicated on merits after the expiry of ranked list and final verdict is given, and an appropriate final verdict could be rendered by this Court or the Tribunal, as the case may be, even after the expiry of ranked list. Such is not the scenario in this case going by the nature of the specific legal plea put forward by the original applicants in this case. 17. Moreover, the Tribunal as per the impugned Ext.P-3 interim order dated 29.7.2021 has also directed that advices to all the vacancies reported to the PSC during the period upto 28.9.2021 shall be effected from Anxs.A-1 to A-14 ranked lists. If ultimately, the Tribunal in its discretion decides to render a final verdict in this O.A. repelling the above plea of the applicants, then there will be huge complications arising out of such advices made in pursuance of the impugned Ext.P-3 interim order, as it is in relation to 14 separate ranked lists for the 14 districts in the State. For all these reasons and without getting into the merits of the controversy, we feel that an order in the nature of Ext.P-3 should not have been rendered as an interlocutory order and the ..18.. OP(KAT) No. 186 of 2021 right course of action was to prefer for rendering of the final verdict. Moreover, the nature of the reliefs given as per the impugned interim order is as good as granting the main reliefs in the O.A., which should have been only by a final verdict. Accordingly, we are of the firm view that the Tribunal should not have given a legal declaration and the various other directions as the one in Ext.P-3 as an interim order, and the Tribunal should have rendered the final verdict after hearing all the parties concerned. For this main reason, we feel that the interim verdict of the Tribunal would deserve interdiction. 18. Yet another aspect of the matter may also have to be observed by us. In the instant case, the original applicants have no case that as of now, there is any general ban of reporting of vacancy or as to whether this Court or the Tribunal has issued any interim order staying reporting of vacancies in respect of the posts covered by Anxs.A1 to A14 ranked lists. Moreover, we are also apprised that the Government has given strict instructions that all substantive vacancies which fall within the direct recruitment quota, etc will have to be necessarily reported by the appointing OP(KAT) No. 186 of 2021 ..19.. authorities to the PSC authorities, who will have to advise candidates in accordance with law. Hence, if ultimately the Tribunal takes a view that the legal effect is that the ranked list should have been extended for a period of not less than 3 months, ie, up to 3 months from 29.6.2021 (viz, 28.9.2021) etc then, since there is no stay or interdiction of reporting of vacancies, all vacancies reported during the currency of ranked list will have to be utilized for advise of candidates included in the ranked list concerned, going by the mandate of Rule 14 of the Kerala Public Service Commission Rules of Procedure. From that perspective also, the balance of convenience cannot be said to be in favour of the original applicants at this interlocutory stage, to justify the rendering of interim verdict as the one at Ext.P-3. 19. However, Smt.A.Aruna, learned counsel appearing for the original applicants would point out that if this Court is interfering with the interim order and remitting the matter to the Tribunal, it may give rise to apprehensions in the minds of the appointing authority about the validity period of present Anxs.A1 to A14 ranked lists, and this may have some impediments in even ..20.. OP(KAT) No. 186 of 2021 reporting of vacancies, as otherwise the appointing authority may take expeditious steps only to report vacancies in respect of ranked lists which are yet to expire. 20. After hearing both sides and also after hearing the learned Senior Government Pleader, we are of the view that the abovesaid apprehension of the original applicants may be on misconception. The Government has already taken a strict policy stand that all substantive vacancies available with the direct recruitment quota etc will have to be necessarily and immediately reported by the respective appointing authorities to the PSC authorities. Nobody has a case that either this Court or the Tribunal has passed any orders staying or interdicting reporting of vacancies in respect of the posts of Last Grade Servants in various districts. Hence, to allay all apprehensions of the original applicants it is ordered that all the respective appointing authorities in respect of the posts of Last Grade Servants in all the 14 districts concerned, should immediately take timely and expeditious steps to ensure that all the available vacancies, including the Headquarters vacancies, in the direct recruitment OP(KAT) No. 186 of 2021 ..21.. quota shall be immediately reported to the respective PSC Officers concerned without any further delay. The pendency of the present original application before the Tribunal, shall not be misconstrued by any of the appointing authorities for justifying any delay in reporting of vacancies. We are specifically issuing this direction to ensure that any possible apprehensions of the original applicants or any misconceptions in the minds of the appointing authorities, are also allayed. We would request Sri.Antony Mukkath, learned Senior Government Pleader to inform the respective District Collectors as well as the Heads of the Departments at the State level for the various departments, as well as the Heads of the Departments at the District level in each of the 14 districts, to comply with abovesaid directions, and also that all Headquarters vacancies in the posts of Last Grade Servants, should also be reported by the respective State level Heads of the Departments to the PSC without any further delay and with all expedition. 21. We make it clear that we have not entered into the merits of the controversy in any manner, and all we have held is that it was not right and proper for the Tribunal to have passed an OP(KAT) No. 186 of 2021 ..22.. interim verdict in the nature of Ext.P-3. Accordingly, it is ordered that the impugned Ext.P-3 interim order dated 29.7.2021 in O.A. No. 1246/2021 will stand set aside. However, it is made clear that the impugned stipulation by the PSC in Anx.A-16 notification dated 12.2.2021 that the extension of Anxs.A-1 to A-14 ranked lists dated 30.6.2018 will be only up to 4.8.2021 shall be provisional and will be subject to the result of the above O.A. on the file of the Tribunal. Further, it is also ordered that the issue as to whether Anxs.A-1 to A-14 ranked lists dated 30.6.2018 will stand extended up to 28.9.2021 (midnight) on account of the mandatory operation of the fifth proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, as contended by the applicants will be subject to the final determination of the O.A. by the Tribunal. However, needless to say, to avoid any ambiguity it is made clear that the competent PSC authority will have to take steps for advising candidates from Anxs.A-1 to A-14 ranked lists as against vacancies reported to the PSC on or before 4.8.2021 (midnight), since there is no dispute on those matters. The question of advising candidates as against vacancies reported on OP(KAT) No. 186 of 2021 **==> picture [25 x 9] intentionally omitted <==** or after 5.8.2021 and on or before 28.9.2021 (midnight) will be dependent upon the final determination of these matters. 22. The parties will immediately complete their pleadings in the above O.A. The Tribunal may take all reasonable endeavours possible under the circumstances to ensure the early consideration and final disposal of the instant O.A. No. 1246/2021 without much delay, preferably by the first week of September, 2021. The Registry will forward a copy of this judgment to the Kerala Administrative Tribunal, for necessary information. With these observations and directions, the above Original Petition (KAT) will stand disposed. Sd/ALEXANDER THOMAS, JUDGE Sd/A.BADHARUDEEN, JUDGE MMG OP(KAT) No. 186 of 2021 ..24.. ## **APPENDIX OF OP(KAT).NO.186/2021** ## **PETITIONERS' EXHIBITS:** **Exhibit P1** **TRUE COPY OF THE O.A. NO. 1246/2021 WITH ITS ANNEXURES.** - **Annexure A1** - **TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN KASARAGDOE DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 466/18/DOB AND CAT NO. 071/2017).** ## **Annexure A2** - **TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN KANNUR DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 465/18/DOC AND CAT NO. 071/2017).** - **Annexure A3 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN WAYAND DISTRICT IN VARIOUS DEPARTMENTS NO. 464/18/DOW AND CAT NO. 071/2017) DATED 30/6/2018** - **Annexure A4 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN KOZHIKODE DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 463/18/DOD AND CAT NO. 071/2017).** - **Annexure A5 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN MALAPPURAM DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 462/18/DOM AND CAT NO. 071/2017).** OP(KAT) No. 186 of 2021 ..25.. ## **Annexure A6** - **TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN PALAKKAD DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 461/18/DOP AND CAT NO. 071/2017).** - **Annexure A7 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN THRISSUR DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 460/18/DOR AND CAT NO. 071/2017).** - **Annexure A8 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN ERNAKULAM DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 459/18/DOE AND CAT NO. 071/2017).** - **Annexure A9 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN IDUKKI DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 458/18/DOJ AND CAT NO. 071/2017).** - **Annexure A10 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN KOTTAYAM DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 457/2018/DOK AND CAT NO. 071/2017).** - **Annexure A11 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN ALAPPUZHA DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 456/2018/DOK AND CAT NO. 071/2017).** OP(KAT) No. 186 of 2021 ..26.. ## **Annexure A12** **TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN PATHANAMTHITTA DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 455/18/DOH AND CAT NO. 071/2017).** ## **Annexure A13** - **TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN KOLLAM DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 454/18/DOQ AND CAT NO. 071/2017).** - **Annexure A14 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN THIRUVANANTHAPURAM DISTRICT IN VARIOUS DEPARTMENTS DATED 30/6/2018 NO. 453/18/DOT AND CAT NO. 071/2017).** - **Annexure A15** - **TRUE COPY OF THE KERALA GAZETTE EXTRA ORDINARY VOLUME NO.9. DATED 29/05/2020 NOTIFYING NOTIFICATION NO. AV (2) 4182/02/GW DATED 30/03/2020 ISSUED BY HE 3RD RESPONDENT.** - **Annexure A16** - **TRUE COPY OF THE NOTIFICATION NO. A52(29/2020) KPSC DATED 05/02/2021 PUBLISHED IN THE KERALA GAZETTE EXTRA ORDINARY VOLUME NO.10. DATED 12/02/2021 ISSUED BY HE 3RD RESPONDENT.** - **Annexure A17** - **TRUE COPY OF THE G.O.(MS) NO. 77/2020/P& ARD DATED 17.04.2020.** OP(KAT) No. 186 of 2021 ..27.. - **Annexure A18** **TRUE COPY OF THE NOTIFICATION NO. PR(1)05/.2201./GD DATASET 17/05/2021 ISSUED BY THE PUBLIC RELATIONS OFFICER, KPSC.** - **Annexure A19** - **TRUE COPY OF THE G.O. (RT) NO. 404/2021/DME DATED 06/05/2021.** - **Annexure A20** - **TRUE COPY OF THE ORDER DATED 22/03/2017 IN OA 2048/2016 PASSED BY THIS HONBLE TRIBUNAL.** - **Annexure A21 TRUE COPY OF THE RECOMMENDATIONS DATED 11/12/2020 IN HRM NO. 5054/11/12/2020/TVM ISSUED BY THE KERALA HUMAN RIGHTS COMMISSION.** ## **Annexure A22** - **TRUE COPY OF THE DECISION TAKEN ON 28/02/2021 BY SRI.A.K. BALAN WHILE HOLDING THE PORTFOLIO OF MINISTER FOR MINISTER FOR LAW, CULTURAL AFFAIRS, PARLIAMENTARY AFFAIRS, SC/ST DEVELOPMENT OF ON 28/02/2021 AFTER DISCUSSION WITH THE REPRESENTATIVES OF CPO AND LGS RANK HOLDERS.** - **Annexure A23** - **TRUE COPY OF THE JUDGMENT DATED 15/01/2020 IN W.A. NO. 745/2018 AND CONNECTED CASES PASSED BY THE HONBLE HIGH COURT OF KERALA.** - **Annexure A24** - **TRUE COPY OF THE ORDER DATED 29/01/2021 IN SPECIAL LEAVE TO APPEAL C NOS. 9529-9534/2020 PASSED BY THIS HONBLE SUPREME COURT.** OP(KAT) No. 186 of 2021 ..28.. ## **Annexure A25** - **Annexure A26** - **Annexure A27** - **Exhibit P2** - **AnnexureR3(1)** - **Exhibit P3** - **TRUE COPY OF THE COMMUNICATION NO. R1/240/2201-G.EDN. DATED 09/04/2021 ISSUED BY THE PRINCIPAL SECRETARY TO DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY).** - **TRUE COPY OF THE G.O.(MS0 NO. 13/2021/P & ARD DATED 08/06/2021.** - **TRUE COPY OF THE JUDGMENT DATED 19/06/2017 IN GOPAKUMAR N. AND OTHERS VS. STATE OF KERALA AND OTHERS IN WPC 4178/2017 PASSED BY THE HONBLE HIGH COURT OF KERALA.** - **TRUE COPY OF THE REPLY STATEMENT FILED THE KERALA PUBLIC SERVICE COMMISSION.** - **TRUE COPY OF THE INTERIM ORDER DATED 16/4/2018 OF THE HONBLE SUPREME COURT IN SLP (C) 9111-9124 OF 2018.** **TRUE COPY OF THE ORDER IN OA. 1246 OF 2021 DATED 29/07/2021.**