High Court of KeralaDivision Bench2019-06-26The original petitions are dismissed. No costs.

OP(KAT) Nos.140, 238, 239 & 245 of 2017

Case / Petition Number:OP(KAT) Nos. 140, 238, 239 & 245 of 2017

Neutral Citation:null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V. Chitambaresh
Ashok Menon
Judgment Date: 2019-06-26
Court Decision / Holding: The original petitions are dismissed. No costs.
Final Disposition: The original petitions are dismissed. No costs.

Parties to the Case

Appellants / Petitioners

Sujatha M W/o Shajah(an)
Bindu P. D/o Karunakaran
Rajithra A.N W/o Praveen C.
Bindu K. W/o T.V. Ashokan
Reeja T.K. D/o Late Achuthan K.P.
Reeshma Nalambrathkandy W/o Sangeeth M.V.
Sajitha P.V W/o Sajeev Kumar

Respondents

State of Kerala represented by the Chief Secretary
Kerala Public Service Commission represented by the Secretary
The District Officer, Kerala Public Service Commission, District Office Palakkad
The Chief Engineer (HRM), Irrigation & Administration Department
The District Officer, Kerala Public Service Commission, District Office Pathanamthitta
The District Officer, Kerala Public Service Commission, District Office Kannur
FEMINA K W/o AJAYAGHOSH P.P.

Legal Representation & Advocates

Counsels for Petitioners

• SRI.PIRAPPANCODE V.S.SUDHIR
• SRI.JELSON J.EDAMPADAM

Counsels for Respondents

• SRI.P.N.SANTHOSH, SR.GOVT.PLEADER
• SRI.P.C.SASIDHARAN, SC, KPSC

Case Synopsis & Summary

This is a Division Bench of the Kerala High Court (Justices V. Chitambaresh and Ashok Menon) delivering judgment on OP(KAT) Nos. 140, 238, 239 and 245 of 2017. The petitions challenge the operation and effective date of new ranked lists for the post of Lower Division Typists in the districts of Palakkad, Pathanamthitta and Kannur. The earlier lists published in 2012 were extended in validity until 31 December 2016. New ranked lists were published on 9 September 2016 (Palakkad), 23 September 2016 (Pathanamthitta) and 21 September 2016 (Kannur) with a statement in the lists that they would come into force from 31 August 2016, the date of finalisation. The petitioners contend that the new lists should be operative from the publication dates, and that they would have been advised for appointment in that event. They rely on Rule 13 of the Public Service Commission Rules of Procedure. The respondents submit that Rule 15 provides that the lists come into force from the date of finalisation and that the Gazette-advice lists come into force from the date shown in the advice letter; they also cite Shahul Hameed v PSC (2009 (2) KLT 420). The court agrees that the lists are deemed to have come into force from the finalisation date (31 August 2016) and holds there is no infirmity in the Kerala Administrative Tribunal's order dismissing the original petitions. Dismissing all petitions, the court notes no costs.

Provisions of Law Cited

Rule 13 of the Public Service Commission Rules of ProcedureRule 15 of the Public Service Commission Rules of Procedure

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that, while old lists valid till 31.12.2016 were extended, the new ranked lists published in Sept 2016 for Palakkad, Pathanamthitta and Kannur were to come into force from the dates of finalisation (31 Aug 2016) and that, had they been advised for appointment from the publication dates (9.9.2016, 23.9.2016, 21.9.2016), appointments would have been possible. They invoked Rule 13 of the PSC Rules of Procedure and relied on Shahul Hameed v. Public Service Commission (2009 (2) KLT 420) to support a preference for earlier operation of the lists.

Contentions of Respondents

The respondents contended that Rule 15 of the PSC Rules of Procedure provides that ranked lists come into force from the date of finalisation and that the Gazette-advice lists are deemed to have come into force from the date shown in the advice letter; they argued that the 31 August 2016 finalisation date is the operative date and that there is no grievance if candidates are advised for appointment from the new lists. They cited Shahul Hameed v. PSC to justify the settled practice and pressed that the Tribunal's order dismissing the petitions was sound.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Shahul Hameed v. Public Service Commission	2009 (2) KLT 420	Positive	Cited as supportive authority for interpreting Rule 15 that ranked lists come into force from the date of finalisation.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR.JUSTICE ASHOK MENON** **WEDNESDAY, THE 26TH DAY OF JUNE 2019 / 5TH ASHADHA, 1941** **OP(KAT).No.140 of 2017** **AGAINST THE ORDER DATED 7.4.2017 IN O.A. 1819/2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/APPLICANT:** **SUJATHA M W/O.SHAJAHAN, AGED 41 YEARS, RESIDING AT SHENU MANZIL, VANCHIYOOR P.O., ALAMKODE, ATTINGAL, THIRUVANANTHAPURAM-695035.** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM** ## **RESPONDENTS/RESPONDENTS:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| - **2 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY, OFFICE OF PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004.** |**3**|**THE DISTRICT OFFICER**| |---|---| ||**KERALA PUBLIC SERVICE COMMISSION,**| ||**DISTRICT OFFICE, PALAKKAD -678001.**| |**4**|**THE CHIEF ENGINEER (HRM),**| ||**IRRIGATION & ADMINISTRATION DEPARTMENT,**| ||**PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,**| ||**THIRUVANANTHAPURAM-695033.**| **R1 & R4 BY SRI.P.N.SANTHOSH, SR.GOVT.PLEADER** OP(KAT)Nos.140,238,239 & 245 of 2017 2 **R2 & R3 BY SRI.P.C.SASIDHARAN, SC, KPSC** **THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 19.06.2019, ALONG WITH OP(KAT).238/2017, OP(KAT).239/2017 & OP(KAT).245/2017, THE COURT ON 26.06.2019 DELIVERED THE FOLLOWING:** OP(KAT)Nos.140,238,239 & 245 of 2017 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** ## **THE HONOURABLE MR.JUSTICE ASHOK MENON** **WEDNESDAY, THE 26TH DAY OF JUNE 2019 / 29TH JYAISHTA, 1941** **OP(KAT).No.238 of 2017** **AGAINST THE ORDER DATED 7.4.2017 IN O.A.1417/2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/IST APPLICANT:** **BINDU P. D/O. KARUNAKARAN, AGED 40 YEARS, PADUVA VEEDU, THOTTUVA, ANADAYIL P.O., PATHANAMTHITTA - 690 561.** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM** ## **RESPONDENTS/RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY, OFFICE OF PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **3 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA - 689 645. R1 BY SRI.P.N.SANTHOSH, SR.GOVT.PLEADER R2 & R3 BY SRI.P.C.SASIDHARAN, SC, KPSC** **THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 19.06.2019, ALONG WITH OP(KAT).140/2017, OP(KAT).239/2017 & OP(KAT).245/2017, THE COURT ON 26.06.2019 DELIVERED THE FOLLOWING:** OP(KAT)Nos.140,238,239 & 245 of 2017 4 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY, THE 26TH DAY OF JUNE 2019 / 29TH JYAISHTA, 1941** **OP(KAT).No.239 of 2017** **AGAINST THE ORDER DATED 07-04-2017 IN O.A.1573/2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS:** **1 RAJITHRA A.N W/O.PRAVEEN C., AGED 45 YEARS, RESIDING AT 21/219, ANANDA BHAVAN, KUTTIMAKKOOL, P.O.THIRUVANGAD, THALASSERY-670103, KANNUR DISTRICT, MOB:9847217122.** **2 BINDU K. W/O.T.V.ASHOKAN, AGED 40 YEARS, RESIDING AT KALLINKEEL,MANDHAMKUNDU, KEEZHATOOR, TALIPARAMBA-670141, KANNUR DISTRICT, MOB:9961952765.** **3 REEJA T.K. D/O.LATE ACHUTHAN K.P., AGED 36 YEARS, RESIDING AT T.K.HOUSE, IRINAVE P.O., KANNUR-670301, MOB:9746776509.** - **4 REESHMA NALAMBRATHKANDY** **W/O.SANGEETH M.V., AGED 36 YEARS, RESIDING AT "NAVEEN NIVAS", NEAR G.V.L.P.SCHOOL, CHOVVA P.O., KANNUR DISTRICT-670006, MOB:9746528204.** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM** OP(KAT)Nos.140,238,239 & 245 of 2017 5 ## **RESPONDENTS/RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY, OFFICE OF PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004.** - **3 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KANNUR-670002.** - **R1 BY SRI.P.N.SANTHOSH, SR.GOVT.PLEADER R2 & R3 BY SRI.P.C.SASIDHARAN, SC, KPSC** **THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 19.06.2019, ALONG WITH OP(KAT).140/2017, OP(KAT).238/2017 & OP(KAT).245/2017, THE COURT ON 26.06.2019 DELIVERED THE FOLLOWING:** OP(KAT)Nos.140,238,239 & 245 of 2017 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** ## **THE HONOURABLE MR.JUSTICE ASHOK MENON** **WEDNESDAY, THE 26TH DAY OF JUNE 2019 / 29TH JYAISHTA, 1941** **OP(KAT).No.245 of 2017** **AGAINST THE ORDER DATED 7.4.2017 IN O.A.1416/2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/2ND APPLICANT:** **SAJITHA P.V W/O.SAJEEV KUMAR, AGED 34 YEARS, RESIDING AT PRIJESH NIVAS,PUNCHAKKAD, PAYYANNUR P.O, KANNUR 670307, MOB.NO. 9446272282.** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM** ## **RESPONDENTS/RESPONDENTS & 1ST APPLICANT:** - **1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM 695001.** - **2 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY,** - **OFFICE OF THE PUBLIC SERVICE COMMISSION,PATTOM, THIRUVANANTHAPURAM 695004.** - **3 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION,DISTRICT OFFICE, KANNUR 670002.** - **4 FEMINA K W/O.AJAYAGHOSH P.P., AGED 36 YEARS, RESIDING AT GAZAL COTTAGE, PAPPINISSERI WEST P.O, KANNUR 670561.** **R1 BY SRI.P.N.SANTHOSH, SR. GOVT. PLEADER** OP(KAT)Nos.140,238,239 & 245 of 2017 7 **R2 & R3 BY SRI.P.C.SASIDHARAN, SC, KPSC** **THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 19.06.2019, ALONG WITH OP(KAT).140/2017, OP(KAT).238/2017 & OP(KAT).239/2017, THE COURT ON 26.06.2019 DELIVERED THE FOLLOWING:** OP(KAT)Nos.140,238,239 & 245 of 2017 8 ## Judgment ## Chitambaresh, J. - 1.The petitioners find a place in the ranked lists of L.D.Typists published by the Public Service Commission for the districts of Palakkad, Pathanamthitta and Kannur. The validity of the ranked lists published on 17.5.2012 was being extended and was to expire on 31.12.2016. New ranked lists were published for the aforesaid districts on 9.9.2016, 23.9.2016 and 21.9.2016 respectively. It was however indicated in the new ranked lists that the same would be deemed to have come into force with effect from 31.8.2016. - 2.The contention of the petitioners is that the new ranked lists could be operated only from the dates of publication, viz., 9.9.2016, 23.9.2016 and 21.9.2016. It is the case of the petitioners that they would have been advised for appointment in such an event. But the new ranked lists were operated and the candidates were advised for appointment from 31.8.2016 itself. The importance of date of publication of the ranked lists is emphasised relying on Rule 13 of the Public Service Commission OP(KAT)Nos.140,238,239 & 245 of 2017 9 Rules of Procedure. 3.The question posed need not detain us any more in view of Rule 15 of the Public Service Commission Rules of Procedure which is extracted below: “15. The ranked lists prepared by the Commission shall in the fist instance be published in such manner as the Commission may deem fit and thereafter they shall also be published in the Gazette and the ranked lists shall be deemed to have come into force from the date of finalisation of the lists as indicated in the lists. The advice lists of candidates for appointment shall be published in the Gazette from time to time but such lists shall be deemed to have come into force from the date shown in the advice letter of the Commission. The candidates advised for appointment shall also be informed of such advice by the Commission.” (emphasis supplied) It has been indicated in the new ranked lists that the same should be deemed to have come into force with effect from 31.8.2016 which is the date of finalisation. The petitioners cannot therefore have any grievance if the candidates are advised for appointment from the new ranked lists. We are fortified in this conclusion by OP(KAT)Nos.140,238,239 & 245 of 2017 10 the decision in Shahul Hameed v. Public Service Commission [2009 (2) KLT 420]. - 4.We do not find any infirmity in the impugned order of the Tribunal dismissing the original applications filed by the petitioners for the reliefs aforesaid. The original petitions are dismissed. No costs. Sd/- V. CHITAMBARESH, JUDGE Sd/ASHOK MENON, JUDGE **Sha/190619** OP(KAT)Nos.140,238,239 & 245 of 2017 11 ## **APPENDIX OF OP(KAT) 140/2017** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE O.A.(EKM) NO.1819/2016 FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL** **EXHIBIT P2** **TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 2 AND 3 IN O.A.(EKM) NO.1819/2016** **EXHIBIT P3** **TRUE COPY OF THE ORDER DATED 7.4.2017 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL IN O.A.(EKM) NO.1819/2016** **RESPONDENTS' EXHIBITS: NIL** OP(KAT)Nos.140,238,239 & 245 of 2017 12 ## **APPENDIX OF OP(KAT) 238/2017** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE O.A.(EKM)NO. 1417/2016 FILED BY THE PETITIONER AND ANOTHER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 1 AND 3 IN O.A.(EKM)NO. 1417/2016. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 07.04.2017 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL IN O.A.(EKM) 1417/2016. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 08.06.2017 OF THIS HON'BLE COURT IN O.P(KAT)NO. 140/2017.** **RESPONDENTS' EXHIBITS: NIL** OP(KAT)Nos.140,238,239 & 245 of 2017 13 ## **APPENDIX OF OP(KAT) 239/2017** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE O.A.(EKM)NO.1416/2016 FILED BY THE PETITIONER ALONG WITH ONE FEMINA, BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.** **EXHIBIT P2** **TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 2 AND 3 IN O.A. (EKM)NO.1573/2016.** **EXHIBIT P3 TRUE COPY OF THE M.A.(EKM)NO.278/2017, FILED BY THE APPLICANTS IN O.A. (EKM)NO.1573/2016, BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.** **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 7-4-2017 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL IN O.A.(EKM) 1573/2016.** **EXHIBIT P5 TRUE COPY OF THE ORDER DATED 8-6-2017 OF THIS HON'BLE COURT IN O.P.(KAT)NO.140/2017.** ## **RESPONDENTS' EXHIBITS: NIL** OP(KAT)Nos.140,238,239 & 245 of 2017 14 ## **APPENDIX OF OP(KAT) 245/2017** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OA (EKM) NO. 1416/2016 FILED BY THE PETITIONER ALONG WITH ONE FEMINA BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL** **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 2 AND 3 IN OA (EKM) NO. 1416/2016** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 07.04.2017 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL IN OA (EKM) NO. 1416/2016** **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 08.06.2017 OF THIS HON'BLE COURT IN OP (KAT) NO. 140/2017** **RESPONDENTS' EXHIBITS: NIL**