IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5344 of 2008(J)
1. RETHY.O., L.D.CLERK, DIRECTORATE OF
... Petitioner
2. ASA RANI.S, L.D.CLERK,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DIRECTOR OF URBAN AFFAIRS,
3. KERALA PUBLIC SERVICE COMMISSION,
4. THE DISTRICT OFFICER, KERALA
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/08/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No.5344 of 2008
~~~~~~~~~~~~~~~~~
Dated this the 2nd day of August 2010
J U D G M E N T
The learned counsel for the petitioners submit that 1st
petitioner is no longer interested in prosecuting the case.
2. In so far as the 2nd petitioner is concerned, she
was included at serial No.472 of the ranked list for the post
of L.D.Clerks, which was published by the P.S.C. on
31.12.2005. She was advised on 28.7.2007 and was
appointed in the Directorate of Urban Affairs.
Subsequently, on the ground that the advice was mistakenly
issued, P.S.C. issued notice under Rule 3(c) of the
Procedure Rules and apprehending termination and break
in service, the writ petition was filed.
3. An interim order was passed by this Court on
13.3.2008 directing that it will be open to the P.S.C. to
W.P.(C) No.5344 of 2008
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proceed with the notice issued under Rule 3(c) and
clarifying that the termination of the petitioner, if
contemplated, shall be only after getting orders from this
Court.
4. From counter affidavit filed by the P.S.C., it is
seen that on 19.3.2008, P.S.C. issued orders cancelling the
advice of the 2nd petitioner and the petitioner was also
intimated that she would be advised to the next available
vacancy reported from the Commercial Taxes Department.
P.S.C. also says that the Commission have decided to give
the benefit of Earliest Effective Advice to the petitioner, and
therefore, her seniority will be with reference to 28.7.2007,
when she was advised to the Directorate of Urban Affairs.
Obviously, therefore the implementation of the notice issued
on 19.3.2008, cancelling the advice of the petitioner,
consequent termination and further advice will not result in
any loss of seniority to the petitioner. It is directed that the
P.S.C. shall, within one week from the date of production of
W.P.(C) No.5344 of 2008
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a copy of this judgment, issue consequential orders,
cancelling the appointment and advising the petitioner to
the Commercial Taxes Department.
5. It will also open to the petitioner to make
appropriate representation to the appointing authority of
the Commercial Taxes Department to expedite the order of
appointment as well.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
Jvt