WA.No.263 of 2021 (GIRIJA DEVI, NIHIL M.S., SANTHINI P.V., PRASITHA K.S. v. STATE OF KERALA & ORS.)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR.JUSTICE K. BABU** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942** ## **WA.No.263 OF 2021** **AGAINST THE JUDGMENT DATED 3.12.2020 IN WP(C)NO.4865/2019(G) OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS 2, 3, 6 & 7:** **1 GIRIJA DEVI AGED 46 YEARS D/O.N.RAMACHANDRAN NAIR, GEETHA BHAVANAM, VAZHUWADY, THAZHAKKARA P.O., MAVELIKKARA, ALAPPUZHA-690102. 2 NIHIL M.S. AGED 37 YEARS S/O.SUDHAKARAN M.K., MADAMBIKATTIL HOUSE, GURUDEVA LANE, KOORKENCHERRY, THRISSUR-680007. 3 SANTHINI P.V. AGED 37 YEARS W/O.PRASOON T, THARAMMAL HOUSE, USHUS, KOOTHOORTHAZHAM, WEST HILL P.O., KOZHIKODE DISTRICT -673005. 4 PRASITHA K.S. AGED 34 YEARS D/O.SIVAPRASAD K.A., KOORAPPILLIL HOUSE, NSS ROAD, MARKET P.O., VELLOORKUNNAM, MOOVATTUPUZHA, ERNAKULAM-686661.** **BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T.** W.A.No.263/2021 2 ## **RESPONDENTS/RESPONDENTS/PETITIONERS 1, 4, 5 & 8:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANTHAPURAM-695001.** - **2 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, BEHIND GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695001.** - **3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.** - **4 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE BANK LTD, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.** - **5 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, STATUE, THIRUVANANTHAPURAM-695001.** - **6 THE MANAGING DIRECTOR KERALA STATE FEDERATION OF SCHEDULED CASTES/SCHEDULED TRIBES DEVELOPMENT CO-OPERATIVE LIMITED, PEROORKADA, THIRUVANANTHAPURAM-695005.** - **7 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., NO.4330, JUDGES' AVENUE, KALOOR, ERNAKULAM-682017.** - **8 THE MANAGING DIRECTOR KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD, MILMA BHAVAN, PATTOM PALACE P.O, THIRUVANANTHAPURAM-695004.** - **9 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD, GANDHI NAGAR, ERNAKULAM-682020.** - **10 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD., GANDHI NAGAR, ERNAKULAM-682020.** W.A.No.263/2021 3 - **11 THE MANAGING DIRECTOR KERALA KERA KARSHAKA SAHAKARANA FEDERATION LTD. NO.4370(KERAFED), WATER WORKS COMPOUND, VELLAYAMBALAM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM-695033.** - **12 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD, (MATSYAFED), KAMALESWARAM, MANACAUD P.O, THIRUVANANTHAPURAM-695009.** - **13 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE CONSUMERS' FEDERATION LTD., (CONSUMER FED), GANDHI NAGAR, ERNAKULAM-682020.** - **14 THE MANAGING DIRECTOR KERALA STATE CASHEW WORKERS' APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD (IND(ST) 12, MUNDAKKAL WEST, KOLLAM DISTRICT - 691001.** - **15 THE MANAGING DIRECTOR KERALA STATE HANDLOOM WEAVERS' CO-OPERATIVE SOCIETY LTD. NO.H.232, OOTTUKUZHI, THIRUVANATHAPURAM-695001.** - **16 THE GENERAL MANAGER KERALA STATE HANDICRAFT APEX CO-OPERATIVE SOCIETY LTD, H.231, MANNANCHERIL BUILDING, KANNANTHODATH LANE,ERNAKULAM-682016.** - **17 THE GENERAL MANAGER KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD., ALAPPUZHA-688012.** **18 THE GENERAL MANAGER KERALA STATE CO-OPERATIVE TEXTILE FEDERATION LTD. IND MT(ST) (TEXFED) VAZHANI P. O., THRISSUR DISTRICT - 680589.** - **19 THE GENERAL MANAGER THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD, NO.4312, PAZHAVANGADI, THIRUVANANTHAPURAM DISTRICT -695023.** - **20 THE GENERAL MANAGER KOLLAM DISTRICT CO-OPERATIVE BANK LTD. NO.4311, KOLLAM DISTRICT - 691001.** W.A.No.263/2021 4 - **21 THE GENERAL MANAGER PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD. NO.4365, NEAR KSRTC, MYLAPRA ROAD, PATHANAMTHITTA DISTRICT - 689645.** - **22 THE GENERAL MANAGER ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD. NO.4310, OPP. MUNICIPAL TOWN HALL, CHUNGAM, ALAPPUZHA DISTRICT -688011.** - **23 THE GENERAL MANAGER KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. NO.4309, KUMMANAM, THAZHATHANGADI, KOTTAYAM DISTRICT -686001.** - **24 THE GENERAL MANAGER IDUKKI DISTRICT CO-OPERATIVE BANK LTD., NO.4334, IDUKKI COLONY P.O., IDUKKI - 685602.** - **25 THE GENERAL MANAGER ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD.NO.4325, KAKKANAD, ERNAKULAM DISTRICT - 682030.** - **26 THE GENERAL MANAGER THRISSUR DISTRICT CO-OPERATIVE BANK LTD NO.60, KOVILAKATHUPADAM, THIRUVAMPADI, THRISSUR DISTRICT - 680022.** - **27 THE GENERAL MANAGER PALAKKAD DISTRICT CO-OPERATIVE BANK LTD.NO.521, P.D.C.BANK BUILDING, 2ND & 3RD FLOOR, H.P.O. ROAD, PALAKKAD DISTRICT -678001.** - **28 THE GENERAL MANAGER MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., NO.4329, HEAD OFFICE, UPHILL, MALAPPURAM-676505.** - **29 THE GENERAL MANAGER KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., NO.F1635,HEAD OFFICE KALLAI ROAD, KOZHIKODE 673002.** - **30 THE GENERAL MANAGER WAYANAD DISTRICT CO-OPERATIVE BANK LTD NO.4357, SILVER HILLS, MADIYUR, KALPETTA-673122.** - **31 THE GENERAL MANAGER KANNUR DISTRICT CO-OPERATIVE BANK LTD NO.C266, HEAD POST OFFICE BUILDING, KANNUR-670001.** W.A.No.263/2021 5 - **32 THE GENERAL MANAGER KASARAGOD DISTRICT CO-OPERATIVE BANK LTD NO.4367, NAYAK'S ROAD, KASARAGOD - 671121.** - **33 BENEESH.P.A. AGED 41 YEARS S/O. AYYAPPAN PILLAI, PALAPPILLIL HOUSE, MADATHIKANDAM, MUTHALAKODAM P.O, THODUPUZHA, IDUKKI-685605.** - **34 BIJU V.S. S/O.VASUDEVAN N., AGED 45 YEARS V.S.BUILDING, PARAMESWARAM, CHEMPOOR MUDAKKAL, ELAMBA-MUDAKKAL, AVANAVANCHERRY, THIRUVANANTHAPURAM DISTRICT - 695103.** **35 BIJU LEVY AGED 44 YEARS S/O. V. S. LEVY, VELLAPLACKAL NOOVAMTHODE P.O, KOZHIKODE DISTRICT - 673586.** **R3 BY ADV.P.C.SASIDHARAN, SC R9 BY ADV. SRI.B.ASHOK SHENOY R9 BY ADV. SRI.K.V.GEORGE R9 BY ADV. SRI.P.N.RAJAGOPALAN NAIR R9 BY ADV. SRI.P.S.GIREESH R9 BY ADV. SRI.RIYAL DEVASSY R10 BY ADV. SRI.JAGAN ABRAHAM M.GEORGE R12 BY ADV. SRI.T.P.PRADEEP R14 BY SRI.M.K.CHANDRA MOHAN DAS, SC, CAPEX - KERALA STATE CASHEW WORKERS APEX INDUSTRIAL COOPERATIVE SOCIETY R18 BY ADV. SRI.P.U.SHAILAJAN R19 BY SRI.THOMAS ABRAHAM SC, THIRUVANANTHAPURAM DIST. CO.OP BANK** ## **SRI.B.UNNIKRISHNA KAIMAL, GOVT.PLEADER, SRI.KALEESWARAM RAJ, LATHA ANAND, SRI.M.K.CHANDRA MOHANDAS, SRI.M.SASEENDRAN, SRI.N.RAGHURAJ** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.No.263/2021 6 ## **ALEXANDER THOMAS & K.BABU, JJ.** **----------------------------------------------------------** **W.A.No.263 of 2021** _( Arising out of the judgment dated 3.12.2020 in W.P.(C) No.4865/2019)_ **-----------------------------------------------------------** _Dated this the 26[th] day of February, 2021_ ## _**JUDGMENT**_ ## _**Alexander Thomas, J.**_ The above Writ Appeal has been filed by the appellants to challenge the judgment dated 3.12.2020 in W.P.(C) No.4865 of 2019 rendered by a learned Single Judge of this Court in the said W.P.(C). 2. From the pleadings and records, it is seen that the case is in relation to selection of appointment of eligible candidates included in the ranked list dated 6.12.2017 finalised by the Public Service Commission for the post of Assistant Manager (F&A) under the Apex Co-operative Societies concerned in the Co-operative Sector in Kerala. It is common ground that the said ranked list has expired as early as on 5.12.2020. 3. It is by now well established by series of rulings of this W.A.No.263/2021 7 Court including decisions of the two Full Bench of this Court in _**Vimala Kumari v. State [1994 (2) KLT 47 (F.B.)]**_ , _**Unnikrishnan Nair G.S. and others v. State of Kerala and others [2019(1) KLT 896]**_ that the ranked list finalised by the Public Service Commission in accordance with the Rules of Procedure cannot be operated to make advise and appointment of candidates as against the vacancies which are reported after the expiry of the ranked list in question. The currency and life period of the ranked list prepared by the Public Service Commission is governed by the provisions contained in Rule 13 of the Kerala Public Service Commission Rules of Procedure and various provisos appended to that Rule. However, Rule 14 of the Kerala Public Service Commission Rules of Procedure provides as follows : _“14. The Commission shall advise candidates for all the vacancies reported and pending before them and the vacancies which may be reported to them for the period during which the ranked lists are kept alive in the order of priority, if any, and in the order of merit subject to the rules of reservation and rotation, wherever they are applicable.”_ 4. It has been held by series of decisions of this Court including the decision rendered by the Division Bench of this W.A.No.263/2021 8 Court in _**Balakrishnan v. Public Service Commission (1994 (1) KLT 490)**_ that if the vacancies have arisen before the expiry of the ranked list and such vacancies have been reported to the Public Service Commission by the appointing authorities before the expiry of the ranked list and where such vacancy requisition report has been received by the Public Service Commission before the expiry of the ranked list, then in view of the provisions contained in Rule 14 of the Kerala Public Service Commission Rules of Procedure, the Public Service Commission is empowered to advise candidates even after the expiry of the ranked list, but only as against the vacancies which have been duly reported to the Public Service Commission during the life period of the said list. 5. After hearing both sides, we are of the view that the impugned judgment of the learned Single Judge in W.P.(C) need not be interfered. Sri.George Mathew, the learned counsel for the appellants would submit that this Court may ascertain from the Public Service Commission and the appointing authorities concerned as to how many vacancies have been reported during the currency of the ranked list and how many advises have been W.A.No.263/2021 9 actually made and whether any vacancies which are reported during the currency of the ranked list are pending for advise by the Public Service Commission and to issue specific directions to the Public Service Commission to effect advise as against such pending vacancies which have already been reported during the currency of the ranked list. The said plea of the appellants is not justified at this appellate stage. 6. After hearing both sides, we have to bear in mind that the respondent Public Service Commission is a constitutional entity which has been established in terms of Article 315 of the Constitution of India to perform the duties and functions envisaged in terms of the Article 320 of the Constitution of India and they are regulated by their own well established norms and guidelines including the Kerala Public Service Commission (Rules of Procedure). We are not in a position to now even, _prima facie_ , presume that the respondent Public Service Commission will not discharge their constitutionally enjoined duties and functions or that they would act against the mandate of their Rules of Procedure. 7. Accordingly, it is ordered that the competent W.A.No.263/2021 10 authority of respondent Public Service Commission may ascertain as to how may vacancies have been totally reported by the appointing authorities concerned to the Public Service Commission in respect of the posts covered by Ext.P2 ranked list during the currency of the said list and if any substantive vacancies so reported during the currency of the ranked list are pending advise by the Public Service Commission if such vacancies are pending advise, then the competent authority, the Public Service Commission may ensure that advise of candidates may also be made as against those vacancies which have been reported before the expiry of the ranked list in question. No further directions and orders are called for. The directions and orders passed by the learned Single Judge in the impugned judgment will stand modified to the limited extent as above. With these directions, the above Writ Appeal will stand disposed of. Sd/- **ALEXANDER THOMAS JUDGE** Sd/- **K.BABU, JUDGE** csl