High Court Kerala High Court

Ullas.P vs State Of Kerala on 10 January, 2011

Kerala High Court
Ullas.P vs State Of Kerala on 10 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36463 of 2010(G)


1. ULLAS.P,S/O.P.R.PADMANABHA PANICKER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REP.BY THE CHIEF
                       ...       Respondent

2. SECRETARY TO GOVERNMENT,INDUSTRIES

3. SECRETARY TO GOVERNMENT,LAW DEPARTMENT,

4. KERALA STATE POLLUTION CONTROL BOARD,

5. KERALA PUBLIC SERVICE COMMISSION,

6. THE REGIONAL OFFICER,K P S C,

                For Petitioner  :SRI.S.SHARAN

                For Respondent  :SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOAR

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :10/01/2011

 O R D E R
                          S. SIRI JAGAN, J.
                 -----------------------------------
                    W.P.(C) No.36463 OF 2010
               ---------------------------------------
            Dated this the 10th day of January, 2011

                              JUDGMENT

The petitioner has been included in the rank list prepared by

the Kerala Public Service Commission in the selection process for

appointment to the post of Junior Assistants/Cashiers/

L.D.Clerks/ Junior Clerk in various departments. According to the

petitioner, although there are vacancies available in the Pollution

Control Board, the vacancies have not been reported to the PSC

for advice of candidates from the rank list prepared. On

15.12.2010, I passed the following order in this writ petition:

“When it was pointed out to the counsel for the petitioner
that the petitioner has been included in the rank list for
the post of Junior Assistants/Cashiers/L.D.Clerks in various
departments of Government and the Pollution Control
Board is not a department of the Government, the
vacancies in which can be filled up from the rank list,
counsel for the petitioner seeks time.”

Today, the learned counsel for the petitioner admits that the

Pollution Control Board is not a department of the Government.

But, the contention raised is that since the Pollution Control

W.P.(C)No.36463/10 2

Board is a statutory authority under the Government, advice

can be made from that list.

I am not inclined to countenance the contention of the

petitioner. When a rank list has been prepared for

appointment to the post in various departments of the

Government, that rank list cannot be operated for appointment

in establishments which are not Government departments,

even if those establishments are controlled by the

Government. Therefore, there is no merit in this writ petition

and accordingly, the same is dismissed.

S. SIRI JAGAN, JUDGE

acd

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