IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 28631 of 2003(H)
1. BASHEER M.K., S/O.KOCHUTHAMPI RAWTHER,
... Petitioner
Vs
1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. DISTRICT OFFICER,
3. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.SALIM V.S.
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :06/12/2006
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.28631 of 2003
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Dated 6th December, 2006.
J U D G M E N T
The grievance is on Ext.P2 cancellation of
advice, since the petitioner did not join duty as per Ext.P1
advice and the consequential appointment order. According
to the petitioner, he had not received the appointment order
and hence only he did not join duty. Learned counsel
appearing for the Commission submits that since the advice
was cancelled, another candidate was already advised, and
hence, no further action can be taken by the Commission.
Inviting reference to Ext.P8 communication of the appointing
authority, it is submitted that the petitioner is entitled to get
appointment. It is for the petitioner to approach the
Government invoking Rule 39 of the General Rules, since it
is seen from Ext.P8 itself that the Government had no
objection in the matter. In the event of the petitioner
approaching the Government, the Secretary to Government
in the concerned Administrative Department will take
WP NO. 28631/03 2
appropriate action in accordance with law, in the light of
Ext.P8 communication and the correspondence in that
regard with the Government, within another two months, to
meet the ends of justice.
The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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O.P.No. of 2002
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J U D G M E N T
Dated 6th December, 2006.