High Court Kerala High Court

The Kerala Public Service … vs Krishnan.P. on 15 February, 2010

Kerala High Court
The Kerala Public Service … vs Krishnan.P. on 15 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1204 of 2007()


1. THE KERALA PUBLIC SERVICE COMMISSION,
                      ...  Petitioner
2. THE DISTRICT OFFICER, KERALA PUBLIC

                        Vs



1. KRISHNAN.P., AGED 40 YEARS,
                       ...       Respondent

2. THE DISTRICT CO-OPERATIVE BANK,

                For Petitioner  :SRI.ALEXANDER THOMAS,SC,KPSC

                For Respondent  :SRI.P.NARAYANAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :15/02/2010

 O R D E R

Thottathil B.Radhakrishnan

&

P.S.Gopinathan, JJ.

= = = = = = = = = = = = = = = = = = = = = = = =

W.A.No.1204 of 2007

= = = = = = = = = = = = = = = = = = = = = = = =

Dated this the 15th day of February, 2010.

Judgment

Thottathil B.Radhakrishnan, J.

1.This appeal is by the Kerala Public Service

Commission and its District Officer.

2.The first respondent filed the writ petition

claiming that he is entitled to be appointed as

driver in the service of the second respondent

District Co-operative Bank on the premise that on

account of the occurrence of a vacancy in the

cadre of drivers, the bank was bound to report

such vacancy and the PSC was bound to advise

accordingly.

3.At the stage of admission of the writ petition,

an interim order was issued directing the bank to

WA1204/07 -: 2 :-

report four vacancies. That was done. Obviously,

that was to get over any possible situation where

available vacancy is not reported during the

currency of a list.

4.However, at final hearing, it is clearly noted on

the basis of the pleadings on record that there was

no room for any appointment from the list that was

in force at the time the writ petition was filed.

However, after dismissing the writ petition, the

learned single Judge directed that if the bank

proposes to purchase any vehicle and if any post of

driver arises in the bank, the writ petitioner

shall be appointed to that post without considering

the expiry of the rank list.

5.The rank list came into force with effect from

20.11.2002 and its validity expired on 19.11.2005.

The judgment itself was issued only on 18.10.2006.

6.With the aforesaid, the bank had also filed a writ

appeal which has since been withdrawn on the

WA1204/07 -: 3 :-

premise that the bank has purchased a vehicle. That

does not, however, improve the situation in favour

of the writ petitioner because in terms of the law,

there could not have been any direction to appoint

a person against a vacancy which arose after the

rank list expired. No direction could have been

issued to appoint “without considering the expiry

of the rank list”. Therefore, we are of the clear

view that the direction contained in the last

sentence of the last paragraph of the impugned

judgment is unsustainable. The same is liable to be

vacated.

In the result, this writ appeal is allowed vacating

the last sentence of the last paragraph of the

impugned judgment. No costs.

Thottathil B.Radhakrishnan,
Judge.

P.S.Gopinathan,
Judge.

Sha/1602