IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY,THE 13TH DAY OF AUGUST 2013 22ND SRAVANA, 1935 OP(KAT).No. 2765 of 2013 (Z) ----------------------------- OA.NO. 1077/2013 OF KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM ------------------------------------------------ PETITIONER/APPLICANT IN O.A: ---------------------------------------------------- THOMAS A.K.,S/O.A.T. KOCHUPAUL,AGED 3 YEARS, ANTHIKKADAN HOUSE, THIROOR P.O., MULANKUNNATHUKAVU, THRISSUR, PIN ”
581. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S)/RESPONDENTS IN OA: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN ”
001.
2. THE CHIEF ENGINEER, P.W.D ADMINISTRATION, PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM,PIN”
033.
3. THE EXECUTIVE ENGINEER, PWD ELECTRICAL DIVISION, THRISSUR, PIN”
020.
4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PSC PATTOM), THIRUVANANTHAPURAM, PIN”
004.
5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, TOWN HALL ROAD, DISTRICT OFFICE, THRISSUR, PIN”
020. R1 TO R3 BY SR GOVERNMENT PLEADER SRI.NOBLE MATHEW R4 & R5 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 13-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(KAT).No. 2765 of 2013 (Z) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE MEMORANDUM IN O.A NO.1077/2013 OF KAT, TVPM. EXT.P2: TRUE COPY OF THE ORDER DATED 30 05/2013 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.
.................................................. O.P.(KAT) No. 2765 of 2013 ....................................................... Dated this the 13th day of August, 2013 JUDGMENT
Thottathil B.Radhakrishnan, J.
The applicant is included in the ranked list of persons selected to be appointed to the post of 'Lift operators' in various departments in Trichur District. That list expired on 14/5/2013. At the instance of the applicant, interim order was issued directing that vacancy shall be reported. Following that PSC had advised as against the reported vacancies. Later when the original application from which this matter arises and certain other original applications were taken up on 30/5/2013 before the Tribunal. It was pointed out that the list had expired on 14/5/2013. The Tribunal therefore concluded that even if, there were NJD vacancies the same cannot be directed to be filled up on advice from the list which has expired. The learned counsel for PSC says that before the expiry of list on 14/5/2013, no NJD vacancy was reported if that were so, the decision rendered by the O.P.(KAT) No. 2765 o”
2. Tribunal in strict conformity with the law laid by this Court in Kerala Agricultural University Vs. Gopinathan Unnithan [1996 (1) KLT 344.and Kerala Public Service Commission Vs. Shanil Kumar [2002 (1) KLT 604.2.For the aforesaid reasons, we do not find any jurisdictional error or legal infirmity in the order of the Tribunal. The original petition, therefore, fails. In the result, this original petition is dismissed in limine. sd/- (THOTTATHIL B.RADHAKRISHNAN, JUDGE) sd/- (BABU MATHEW P. JOSEPH, JUDGE) AMV/13/8/