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Prakash.K.N vs State Of Kerala on 28 July, 2008

Kerala High Court
Prakash.K.N vs State Of Kerala on 28 July, 2008
       

  

  

 
 
  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.
                       -------------------------------
                       WP(C).NO. 17739 of 2008
                      ---------------------------------
               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

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