IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17739 of 2008(J)
1. PRAKASH.K.N, PRAKASH HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY CHIEF SECRETARY
... Respondent
2. KERALA PUBLIC SERVICE COMMISSION,
3. THE DISTRICT OFFICER, KERALA PUBLIC
4. THE DIRECTOR OF URBAN AFFAIRS,
For Petitioner :SRI.K.JAJU BABU
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :28/07/2008
O R D E R
V. GIRI, J.
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WP(C).NO. 17739 of 2008
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Dated this the 28th day of July, 2008.
JUDGMENT
I do not propose to undertake a detailed appraisal of the facts
involved in this case essentially because an order of appointment has
now been issued to the petitioner as evidenced by Ext.R4(a)
accompanied by an affidavit by the Director of Urban Affairs. In the
circumstances, the petitioner shall be permitted to join as L.D Clerk in
the District Planning Office at Malappuram pursuant to Ext.R4(a). But
the petitioner will be entitled to reckon his seniority in the department
with reference to the date of Ext.P2 viz. with effect from 1.2.2007 in
as much as that Ext.P2 is eligible to be treated as first effective advice
of the petitioner in terms of Rule 27(a) of Part II KS and SSR. But in
the facts and circumstances, the petitioner would be entitled to claim
only the benefit of first effective advice and also to be treated as
notionally having entered service on the strength of advice contained
in Ext.P2.
Subject to the above, the writ petition is disposed of.
V. GIRI, JUDGE.
Pmn/ WPC. /2008 2
