IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34428 of 2009(W)
1. NISHA FEBIN PAUL,
... Petitioner
Vs
1. THE SECRETARY,FISHERIES-REGISTRATION
... Respondent
2. THE SECRETARY,
3. THE COMMISSIONER,
4. THE EMPLOYMENT OFFICER,
5. THE EMPLOYMENT OFFICER,
6. THE GDSSPM (POSTAL DEPARTMENT),
For Petitioner :SRI.LIJU. M.P
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/12/2009
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 34428 OF 2009 (W)
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Dated this the 4th day of December, 2009
J U D G M E N T
Petitioner registered her name with the 4th respondent
Employment Exchange, which was later transferred to the 5th
respondent. It is stated that pursuant to a requisition made for
sponsoring candidates for appointment to the post of System
Supervisors on a temporary basis in the office of the 3rd
respondent, candidates including the petitioner were sponsored
by the 4th respondent. Even according to the learned Government
Pleader, there were 150 posts and 1041 candidates were
sponsored.
2. In pursuance to the above, along with others,
petitioner was also issued Ext.P3 memo requiring her to appear
for interview on 3/7/09. Her complaint is that she received Ext.P3
memo only on 24/7/09 and this submission of the petitioner is
seen to be fully supported by Ext.P4, a communication issued by
the 6th respondent to the 3rd respondent. Complaining of this,
petitioner also made representations to the authorities, but
however, there has not been any response. It is in these
WPC 34428/09
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circumstances, the writ petition has been filed praying to direct
the 3rd respondent to consider the petitioner for the post of
System Supervisor in pursuance to Ext.P3.
3. The case was adjourned for the learned Government
Pleader to obtain instructions, and on instructions she submits
that out of 150 posts, 120 have already been filled up. It is stated
that it was after appointments were made that the petitioner
approached the authorities complaining of having received Ext.P3
belatedly. It is also submitted that in order to fill up the
remaining posts, the 3rd respondent has sent yet another
requisition to the 5th respondent and that candidates have not
been sponsored so far.
4. Now that appointments have already been made to
120 posts, it may not be proper for this Court to make any order
which may have an impact on the appointments made. Having
regard to the fact that further vacancies have also been notified
to the 5th respondent for sponsoring candidates, if the 5th
respondent sponsors the petitioner also, that should redress the
grievance of the petitioner. This is all the more so for the reason
that though sponsored on an earlier occasion, petitioner could not
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appear for reasons which are not attributable to her.
5. Therefore, I dispose of this writ petition directing the
5th respondent to sponsor the claim of the petitioner also as and
when he sponsors candidates in response to the requisition that is
already made by the 3rd respondent for filling up the post of
System Supervisors.
Petitioner to produce a copy of this judgment before the 5th
respondent for compliance.
ANTONY DOMINIC, JUDGE
Rp