KERALA STATE ROAD TRANSPORT CORPORATION KSRTC v. DUGLUS CHARLEY
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE A.M.SHAFFIQUE,HONOURABLE MR. JUSTICE GOPINATH P.
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-16. KERALA STATE ROAD TRANSPORT CORPORATION KSRTC v. DUGLUS CHARLEY. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. M. SHAFFIQUE & THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942 RP. No. 922 OF 2020 IN WA. 262/2020 THE JUDGMENT DATED 25. 08. 2020 IN WA 262/2020 OF HIGH COURT OF KERALA PETITIONERS/APPELLANTS: KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695023. MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695023. BY ADV. SRI. DEEPU THANKAN RESPONDENTS/RESPONDENTS: DUGLUS CHARLEY S/O CHARELY JOSEPH, GRACE, PADINJARE VADAKKOTU P O VENGERI, KANNADIKKAL, KOZHIKODE-673010. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004. SRI. KALEESWARAM RAJ SRI. P. C. SASIDHARAN, SC, KPSC REVIEW PETITION HAVING COME UP FOR ADMISSION 16. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. P. No.
922/2020 in W. A. No. 262/2020 ORDER th Dated this the 16 day of December 2020 Shaffique, J This review petition has been filed inter alia contending that this Court did not decide the matter on merits and therefore a detailed consideration of the entire issue is required. 2. By the judgment under review, having taken note of the judgment in Kerala State Road Transport Corporation & Another v. Akhilesh V. S. & Others [(2019) 14 SCC 96], we have confirmed the view expressed by the learned Single Judge taking into account the fact that the notification related only to one vacancy, i. e. , Latin Catholic/Anglo India (Ex-service men) and the fact that advice has already been issued by the KPSC in the year 2018. 3. Learned counsel for the review petitioners/KSRTC submits that it was not the only NCA vacancy that had been advised by the KPSC and therefore in view of the judgment, the Corporation will be forced to appoint other candidates as well.
Reference is made to Annexure A1 advice issued by the KPSC dated 14. 3. 2018, another advice as Annexure A2 dated 27. 4. 2017 and a ranked list published by the KPSC dated 29. 3. 2017 produced as Annexure A3. It is submitted R. P. No. 922/2020 in W. A. No. 262/2020 that in view of the financial difficulties faced by the Corporation, the matter was discussed with the Government and it was decided not to make regular appointments. 4. Of course, the KSRTC is entitled to take such a view. However, in the present set of facts which we have already narrated, the case of the writ petitioner stands on a different footing. He was the sole candidate available from among the persons who have been advised in a particular category, i. e. , Latin Catholic/Anglo Indian(Ex-service men). Ex-service man requires special consideration and it was in that background we delivered the judgment. We make it clear that this judgment shall not be taken as a precedent in respect of similarly placed persons.
The review petition is disposed of with the above clarification. Sd/- A. M. SHAFFIQUE JUDGE Sd/- GOPINATH P. kp True copy JUDGE P. A. To Judge R. P. No. 922/2020 in W. A. No. 262/2020 APPENDIX PETITIONERS' EXHIBITS: ANNEXURE-A1 TRUE COPY OF THE COMMUNICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 14. 03. 2018. ANNEXURE-A2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 27. 04. 2017. ANNEXURE-A3 TRUE COPY OF THE RANK LIST DATED 29. 03. 2017. ANNEXURE-A4 TRUE COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR OF THE CORPORATION DATED 19/08/2020.
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