Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944 CON.CASE(C) NO. 82 OF 2023 AGAINST THE ORDER/JUDGMENTWA 223/2022 OF HIGH COURT OF KERALA
PETITIONER/S: GEORGE MATHEW AGED 51 YEARS S/O P. G. MATHEW, PADINJARE VEEDU, KARIKKAM P.O., KOTTARAKKARA, PIN - 691531 BY ADVS. GEORGE VARGHESE(PERUMPALLIKUTTIYIL) MANU SRINATH NIMESH THOMAS RESPONDENT/S: SAJU GEORGE (AGE AND NAME OF FATHER NOT KNOWN TO THE PETITIONER), SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN - 695001 OTHER PRESENT: SRI. P.C.SASIDHARAN-SC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS & C.S.SUDHA, JJ. ================== ================== Dated this the 9th day of February, 2023
JUDGMENT
ALEXANDER THOMAS, J.
The above Contempt of Court case has been filed alleging non- compliance of specific orders and directions passed by this Court as per Annexure - I judgment dated 25.03.2022 rendered by the Division Bench of this Court in WA No.223/2022 (arising out of the impugned judgment dated 21.12.2021 in WP(C) No.28517/2021).
2. Today, when the matter has been taken up for consideration,
Sri.P.C.Sasidharan, learned standing counsel for the respondent Secretary of the Kerala Public Service Commission, would submit on the basis of instructions that the respondent in compliance of the directions in Annexure I
judgment has now issued addendum notification bearing No.SS
IV/Comp.Prog./BEVCO/19 dated 23.01.2023, whereby a special ranklist of differently abled candidates for 3% lateral reservation has been published in which the name of the petitioner Sri.George Mathew has been included as rank no.1 in the sub-category for locomotar disability/cerebral palsy and that the ranklist bearing no.384/19/SS IV dated 03.07.2019 shall stand modified to the above extend. A copy of the said addendum notification dated 23.01.2023 has also been produced before this Court for the perusal of this - : 2 :- Court and the same reads as follows: “KERALA PUBLIC SERVICE COMMISSION No. SS IV/Comp.Prog./BEVCO/19 Thiruvananthapuram Date: 23.01.2023
ADDENDUM NOTIFICATION Sub: Computer Programmer-Cum-Operator (Cat.No.407/2013) in Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd.-Addendum Notification Issuing - reg Ref: 1. Ranked List No.384/19/SS IV dated 03.07.2019.
2. Judgment in WA No.223/2022 dated 25.03.2022 of the Hon’ble High Court.
3. Addendum Notification No.ER II A(1)2495/15/EW dated 19.08.2022.
It is hereby notified that the candidate Sri.George Mathew (Sl.No.77) who is already included in the Main List as Rank No.56 of the Ranked List No.384/19/SS IV dated 03.07.2019 is also additionally included in the list of Differently Abled Candidates for 3% reservation for selection to the post of Computer Programmer-Cum-Operator (Cat.No.407/2013) in the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited in compliance with the judgment dated 25.03.2022 in WA No.223/2022 of the Hon’ble High Court. Accordingly the revised entries in the Ranked List shall be read as follows: List of Differently Abled candidates for 3% Reservation
Low Vision Nil Hearing Impairment Nil Locomotor Disability/Cerebral Palsy Rank Sl. Name Marks Date of Comm Rema No. Birth unity rks Test Interview Wtg Total 1 77 GEORGE 19.67 12.0 - 31.6 21.04.1971 - DA- MATHEW 7 LD/ CP The Ranked List No.384/19/SS IV dated 03.07.2019 stands modified to the above extent. (By order of the Commission) SAJU GEORGE SECRETARY KERALA PUBLIC SERVICE COMMISSION” - : 3 :-
3. In the light of the abovesaid aspects, Sri.P.C.Sasidharan, learned standing counsel for the respondent PSC would submit that the specific orders and directions passed by this Court as per Annexure I
judgment has been now complied with and that the time taken in that
regard was only for completing the other formalities like publication of short list and to comply with the other procedures. Sri. George Varghese Perumpallikuttiyil, learned counsel appearing for the petitioner submits that this Court may close the above contempt case, recording the above submissions of the respondent Secretary of the PSC and leaving open all the contentions of the petitioner, if in case, he has any further legally justiciable grievances in the matter. Recording the above submissions of both sides, the above Contempt of Court case will stand finally disposed of. sd/- ALEXANDER THOMAS, JUDGE sd/- C.S.SUDHA, JUDGE Nsd APPENDIX OF CON.CASE(C) 82/2023 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE JUDGMENT DATED 25.03.2022 IN W. A. NO. 223 OF 2022 OF THE HONOURABLE HIGH COURT OF KERALA Annexure 2 A TRUE COPY OF THE LETTER DATED 09.06.2022
ISSUED BY THE MANAGING DIRECTOR OF THE KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD Annexure 3 TRUE COPY OF THE NOTIFICATION NO.ER IIA(1)2495/15/EW DATED 19.08.2022 ISSUED BY THE RESPONDENT