Unnikrishnan C.P vs The Kerala Public Service … on 28 November, 2008

Kerala High Court
Unnikrishnan C.P vs The Kerala Public Service … on 28 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1476 of 2005()


1. UNNIKRISHNAN C.P.,
                      ...  Petitioner
2. SUDHIR SANKAR, ESKAY HOUSE,

                        Vs



1. THE KERALA PUBLIC SERVICE COMMISSION,
                       ...       Respondent

2. THE DISTRICT OFFICE,

3. DIRECTOR OF ANIMAL HUSBANDARY DEPARTMENT

4. THE DISTRICT ANIMAL HUSBANDRY OFFICER,

5. STATE OF KERALA, REP. BY SECRETARY,

                For Petitioner  :SMT.V.P.SEEMANDINI (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :28/11/2008

 O R D E R
                J.B.KOSHY & THOMAS P. JOSEPH, JJ.
                        --------------------------------------
                           W.A.No.1476 of 2005
                         -------------------------------------
                       Dated 28th November, 2008

                                 JUDGMENT

Koshy,J.

Appellants/petitioners applied for appointment to the post of

“Live Stock Inspectors” in Malappuram District, pursuant to Ext.P5

notification published by the Public Service Commission. Petitioners

applied in general quota as well as Ex-servicemen quota. Petitioners

were selected by Ext.P2, list reserved for Ex-servicemen quota. That list

was finally published only on 27.7.1998. It is true that the petitioners

approached this court after expiry of the first list. Contention of the

petitioners is that the second list regarding Ex-servicemen quota was

published only in 1998. That list will be alive for three years from that

date and, therefore, that list was alive and there were vacancies.

Contention of the Public Service Commission that it will be treated as a

supplementary list and it will exhaust with the expiry of main list cannot

be accepted. It is a separate list prepared for Ex-servicemen and it will

be valid for three years from the date of publication of the list. But, at

the same time, rank list for Ex-servicemen can be considered only for the

quota reserved for Ex-servicemen. According to the Public Service

Commission, only 10% of the cadre strength is fixed as the quota

W.A.1476/2005 2

reserved for Ex-servicemen and already 19 persons were appointed

and, therefore, from that list, even if valid at the time of filing of the

writ petition, further appointment cannot be made as Ex-servicemen

quota was fully exhausted. Therefore, petitioners cannot claim

benefit from the Ex-servicemen quota further. In the above

circumstances, we dismiss this writ appeal.

J.B.KOSHY
JUDGE

THOMAS P. JOSEPH
JUDGE

tks

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