High Court Kerala High Court

Basheer M.K. vs Kerala Public Service Commission on 6 December, 2006

Kerala High Court
Basheer M.K. vs Kerala Public Service Commission on 6 December, 2006
       

  

  

 
 
  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.