WA No.2155 of 2023 (Anjana S. and others v. State of Kerala, Kerala Financial Corporation & Kerala Public Service Commission and others)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **& THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR** **WEDNESDAY, THE 13[TH] DAY OF DECEMBER 2023/22ND AGRAHAYANA, 1945** **WA NO.2155 OF 2023** **ORDER IN WP(C) 1752/2023 OF HIGH COURT OF KERALA DATED 12.12.2023** **-------------------** ## **- APPELLANTS/PETITIONERS IN WPC :** 1 ANJANA.S., AGED 36 YEARS W/O.ANOOP S., RESIDING AT "ASWATHY", NEDUMPURATHU PALACE ROAD, MATHIBHAGOM, THIRUVALLA P.O., PATHANAMTHITTA, PIN – 689 101. 2 LINEKKER M.R., AGED 30 YEARS RESIDING AT MENACHERY HOUSE, PALAKKAL, THRISSUR DISTRICT, PIN – 680 027. 3 NIMMY V.U., AGED 30 YEARS RESIDING AT NIMMY BHAVAN, KIZHAKKUMBHAGOM, CHITHARA P.O., KOLLAM DISTRICT, PIN – 691 559. 4 SOOSAN BABU P, AGED 29 YEARS RESIDING AT EDATHARA VEEDU, POONJAM CODE, KATTAKODE P.O., KATTAKADA, THIRUVANANTHAPURAM DISTRICT, PIN – 695 572. 5 SREENISHA K.C, AGED 30 YEARS RESIDING AT AREEKARA HOUSE, AVITTANALLUR P.O., NADUVANNUR (VIA), KOZHIKODE DISTRICT, PIN – 673 614 6 RIJI T.J., AGED 31 YEARS W/O.SETHUNATH E.M, RESIDING AT EDATHALASSERY HOUSE, POICKATTUSERY, CHENGAMANAD P.O. ERNAKULAM DISTRICT, PIN – 683 578. 7 *[MANIKUTTAN NAIR.S, AGED 35 YEARS RESIDING AT DEVANANDANAM, CETTIVILAKATHUVEEDU, MNRA B/48, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM - 695 043] *["ABHI.C.SEKHAR, AGED 35 YEARS, S/O.CHANDRASEKHARAN.K., "ANASWARA" SANTHIPURAM, VANDITHADAM, THIRUVALLAM P.O., THIRUVANANTHAPURAM – 695 027" WA NO.2155 OF 2023 -: 2 :- P7 IS SUBSTITUTED AS PER ORDER DATED 31/01/2023 IN I.A-1/2023 IN WP(C) 1752/2023]. 8 RATHEENDRAN M.T., AGED 32 YEARS S/O.THILAKAN M.T, RESIDING AT MUTHAMPARAMBIL HOUSE, VALAPPAD BEACH P.O., THRISSUR DISTRICT, PIN – 680 567. 9 NISHA S., AGED 30 YEARS RESIDING AT S.S.BHAVAN, AZHANTHAKUZHY, NILAMEL P.O., KOLLAM DISTRICT, PIN – 691 535 10 RENJITH P, AGED 32 YEARS RESIDING AT UTHRAM, VATTAPPUL, NANNIYODE, PACHA P.O., PALODE, THIRUVANANTHAPURAM DISTRICT, PIN – 695 562 11 SAINAS RASHEED, AGED 34 YEARS RESIDING AT PRINCE MANZIL, ARAMPUNNA, ELAMPAL P.O., PUNALUR, KOLLAM DISTRICT, PIN – 691 552 12 SUBITHA K.P., AGED 33 YEARS D/O.GOPI K.P, RESIDING AT KUNDOZHIPURAKKAL HOUSE, VALIYAKUNNU, P.O.VALANCHERY, MALAPPURAM DISTRICT, PIN – 676 552 BY ADVS. NISHA GEORGE A.L.NAVANEETH KRISHNAN GEORGE POONTHOTTAM (SR.) ## **- RESPONDENTS/RESPONDENTS IN WPC :** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 2 KERALA FINANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN – 695 033 3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004 WA NO.2155 OF 2023 -: 3 :- 4 JAYADAS N. DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, PARCO BUILDING, MUTHUKULAM, PALAYAM, KOZHIKODE, PIN – 673 001 5 SHEENA K DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, HIGH LANE PLAZA, M.G. ROAD, ANEBAGILU, KASARGOD, PIN – 671 121 6 DINESH KUMAR N DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, FIRST FLOOR, MWRA 44, BEACH ROAD, THAMARAKULAM, KOLLAM, PIN – 691 001 7 VISHNU S., DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 8 CINI C.V., DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 9 PRAVEEN KUMAR V. DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 10 JAFAR K. DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, MALIYEKKAL BUILDING, MANJERI ROAD, UPHIL, MALAPPURAM DISTRICT, PIN – 676 505 11 GOPAKUMAR G DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 12 VINOD KUMAR B.B ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 WA NO.2155 OF 2023 -: 4 :- 13 CHANDRAHASAN S ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 14 SURESH V.K ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, MALIYEKKAL BUILDING, MANJERI ROAD, UPHIL, MALAPPURAM DISTRICT, PIN – 676 505 15 SAJITH KUMAR P ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, URBAN SQUARE, KANNUR UNIVERSITY ROAD, THAVAKKARA, KANNUR DISTRICT, PIN – 670 002 16 SIBIRAJ V.U. DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 17 LIYAKATHALI A ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, HIGH LANE PLAZA, M.G. ROAD, ANEBAGILU, KASARGOD DISTRICT, PIN – 671 121 18 PRAJI K DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, FINANCE TOWERS, 1ST FLOOR, RBI JUNCTION, KALOOR, ERNAKULAM DISTRICT, PIN – 682 017 19 JAISINGH THOMAS ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, PULICKAL BUILDING, CHENNATUMATTOM JUNCTION, KATTAPPANA, IDUKKI DISTRICT, PIN – 685 508 20 REGHU V.T ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, 2ND FLOOR, SMART CENTRE, KOKALA JUNCTION, THRISSUR DISTRICT, PIN – 680 021 21 JUNY JOHN ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, KALARCODE, ERAVUKADU, SANATHANAPURAM P.O., ALAPPUZHA, PIN – 688 003 WA NO.2155 OF 2023 -: 5 :- 22 BEEGAM HASEENA U ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, PARCO BUILDING, MUTHUKULAM, PALAYAM, KOZHIKKODE DISTRICT, PIN – 673 001 23 RAJESH MODAPLASSERI ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, MALIYEKKAL BUILDING, MANJERI ROAD, UPHIL, MALAPPURAM DISTRICT, PIN – 676 505 24 BIJU V.R ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 25 RAJEESH P.K ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, URBAN SQUARE, KANNUR UNIVERSITY ROAD, THAVAKKARA, KANNUR DISTRICT, PIN – 670 002 26 RAMESH K.R., ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, 2ND FLOOR, SMART CENTRE, KOKALA JUNCTION, THRISSUR DISTRICT, PIN – 680 021 27 DILEESH P.V., ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, 1ST FLOOR, TRIDENT ARCADE, PANANGODE ROAD, KALPETTA, WAYANAD DISTRICT, PIN – 673 592 28 SAJI G ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 29 RAJEEV M ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, VALLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 30 SEENA P.D. ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, SNDP SHOPPING COMPLEX, P.P. ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN – 683 542 SRI.B.UNNIKRISHNA KAIMAL, SR.GP WA NO.2155 OF 2023 -: 6 :- SRI.P.C.SASIDHARAN SMT.DHANYA P. ASOKAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO.2155 OF 2023 -: 7 :- ## **JUDGMENT** ## **Dated this the 13th day of December, 2023** ## **Anu Sivaraman, J.** This Writ Appeal is preferred against an interim order in W.P. (C) No.1752/2023, by which, the prayer made by the petitioners in the writ petition for reporting of vacancies of Assistant Manager in the Kerala Financial Corporation for advice from Ext.P4 ranked list which is due to expire on 14.12.2023 was declined. 2. It is submitted by the learned counsel appearing for the appellants that the amendment of the qualifications as per Ext.P7 had not been carried out by amending the Special Rules and that the writ petition, in which Ext.R2(d) judgment had been rendered, had been permitted to be withdrawn as is evident from Ext.P11. It is submitted that a review petition filed by the Kerala Financial Corporation had also been dismissed by the Division Bench by Ext.P12 order. It is, therefore, contended that the reasons stated by the learned Single Judge for declining the interim relief are untenable. 3. The learned counsel appearing for the Kerala Financial Corporation as well as the learned Standing Counsel appearing for the Kerala Public Service Commission would, however, point out that the qualifications for the post admittedly stand amended and WA NO.2155 OF 2023 -: 8 :- the appellants admittedly do not have the amended qualifications. It is further contended that there is no fixed ratio as contended by the learned counsel for the appellants since Regulation 9(iii) which is relied on by the appellants to claim that there is such a ratio itself provides that the posts which are earmarked for direct recruitment can also be filled up by promotion or transfer or by deputation at the instance of the Kerala Financial Corporation. It is further contended that the question with regard to possessing of the amended qualifications stands settled by a judgment of the Apex Court in **Anurag Sharma and ors.** v. **State of Himachal Pradesh and ors.** [(2023) 3 SCC 773]. 4. Having considered the contentions advanced, we notice that Ext.P4 ranked list had come into force on 15.12.2020. The specific contention of the appellants is that the filling up of the vacancies in the post of Assistant Manager by transfer/promotion by appointing respondents 4 to 30 herein was incorrect and all those vacancies are liable to be reported to the Kerala Public Service Commission for filling up from Ext.P4 list. We notice that the contentions raised by the appellants have been considered _in extenso_ by the learned Single Judge. In the above view of the matter, we are of the opinion that the rejection of the interim relief does not suffer from any WA NO.2155 OF 2023 -: 9 :- illegality. The Writ Appeal fails and the same is, accordingly, dismissed. All other issues are left open to be decided in the writ petition. **Sd/ANU SIVARAMAN** **JUDGE** **Sd/C. PRATHEEP KUMAR JUDGE** Jvt/14.12.2023 WA NO.2155 OF 2023 -: 10 :- ## **APPENDIX OF WA 2155/2023** PETITIONER ANNEXURES :- - Annexure-1 TRUE COPY OF THE LETTER NO. HRD/RS 2002/43/201920 DATED 06.04.2019 ISSUED BY THE KERALA FINANCIAL CORPORATION - Annexure-2 TRUE COPY OF THE GOVERNMENT LETTER NO. P.U.A1/42/ 2017/FIN. DATED 09.05.2019 - Annexure-3 TRUE COPY OF THE NOTIFICATION IN CATEGORY NO. 91/2023 DATED 15.06.2023 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION - Annexure-4 TRUE COPY OF THE RTI REPLY BEARING NO. IDS-II(2)/ 1691/2023/GW DATED 19.04.2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF KERALA PUBLIC SERVICE COMMISSION - Annexure-5 TRUE COPY OF THE LETTER NO. 2412966/P.U.A1/37/ 2023/FIN. DATED 18.08.2023 ISSUED BY THE GOVERNMENT - Annexure-6 TRUE COPY OF THE LETTER NO. 2535334/P.U.A1/88/ 2023/FIN. DATED 22.08.2023 ISSUED BY THE PRINCIPAL SECRETARY (FINANCE) TO ONE NIMMY V.U