Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 OP(KAT) NO. 17 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA 1479/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/APPLICANTS IN OA:
1 ARCHANA PRABHA AGED 33 YEARS D/O N. PRABHAKARANCHITRALAYAM, KALLARVILAKUVETTOM.P.O, PUNALUR,. KOLLAM, KERALA, PIN – 691331 2 RETHEESH.K AGED 41 YEARS S/O KARUNAKARAN, UTHIKUM THARAYIL, VENMANY P.O, CHENGANNOOR, ALAPPUZHA, KERALA, PIN – 689509 3 VICHITHRAN .C.M AGED 41 YEARS S/O BALAN.V.M, VADAKKECHALIL HOUSE, MUCHUKUNNU.P.O, KOYILANDI(VIA), KOZHIKODE DISTRICT, KERALA, PIN – 673307 BY ADVS.
SRI.P.HARIHARAN SRI.JIJUMON H SMT.ARSHA SATHEESAN RESPONDENTS/RESPONDENTS IN OA:
1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, KERALA , PIN – 695001 2 THE COMMISSIONER OF STATE GOODS AND SERVICES TAX COMMISSIONARATE OF STATE GOODS AND SERVICES TAX, TAX TOWER, KARAMANA.P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695002
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OP(KAT). No.17 of 2023 3 THE KERALA PUBLIC SERVICE COMMISSION THULSI HILLS, PATTOM PALACE P.O, THIRUVAMNANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695004 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN SRI.P.C.SASIDHARAN, SC THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(KAT). No.17 of 2023 JUDGMENT A.K.Jayasankaran Nambiar, J.
The petitioners before us are aggrieved by the order dated 12.10.2022 of the Kerala Administrative Tribunal dismissing O.A.No.1479 of 2021.
2. Briefly stated, the facts are that the petitioners were included in a rank list prepared for Commercial Tax Officers (GST) pursuant to a special recruitment for SC/ST candidates. While the validity of the rank list was due to expire in the midst of the COVID pandemic shut-down period, pursuant to an extension that was granted by the Kerala Public Service Commission (hereinafter referred to as 'the PSC'), the rank list actually expired only on 04.08.2021. The petitioners herein approached the Tribunal a couple of days before the expiry of the rank list on 04.08.2021 seeking a direction to the Government to report additional vacancies to the post so that they could aspire for an advice against those vacancies as and when reported. The Tribunal, by the impugned order, rejected the Original Application, taking note of the fact that the rank list had already expired on 04.08.2021.
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OP(KAT). No.17 of 2023 3. Although it is the contention of the learned counsel for the petitioners that the Tribunal ought not to have dismissed the Original Application and ought to have enquired as to whether or not there were vacancies that remained to be reported, we find that the essence of the right conferred on a candidate included in a rank list prepared by the PSC is for consideration to vacancies that have been reported to the PSC. In other words, the mere existence of a vacancy to the post cannot confer any right for consideration and appointment, and the vacancies have to be reported before the candidate in a ranked list can be clothed with any right that can be agitated before a legal forum. Inasmuch as such a right did not exist in favour of the petitioners in the instant case, we see no reason to interfere with the order of the Tribunal impugned in this OP(KAT). The OP(KAT) fails and is accordingly dismissed.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- MOHAMMED NIAS C.P.
JUDGE mns
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OP(KAT). No.17 of 2023 APPENDIX OF OP(KAT) 17/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE NOTIFICATION DATED 31.12.2014 BEARING CATEGORY NO. 689/2014.
Annexure A2 THE TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST NO 257/18 SS VI DATED 27/03/2018 IN CATEGORY NO. 689/2014.
Annexure A3 - THE TRUE COPY OF THE REPLY DATED 19.12.2019 BEARING NUMBER 41/ECA 3/2019/ GAD ISSUED BY THE PUBLIC INFORMATION OFFICER
OF
GENERAL
ADMINISTRATION DEPARTMENT.
Annexure A4 THE TRUE COPY OF THE REPLY DATED 11/01/201 ISSUED BY PUBLIC INFORMATION OFFICER, STATE GOODS AND SERVICE TAX DEPARTMENT.
Annexure A5 THE TRUE COPY OF THE STATUS REPORT OF THE FILE BEARING NUMBER 459/2020 TAKEN FROM THE WEBSITE…..
Annexure A6 THE TRUE COPY OF THE RELEVANT PAGES OF THE APPOINTMENT CHART WITH R1C(2) 9439/17/GW BEARING DATE OF ADVISE OF 19.09.2017 IN RESPECT TO CATEGORY NO 387/2013.
Annexure A7 THE TRUE COPY OF THE RELEVANT PAGES OF THE APPOINTMENT CHART WITH NUMBER R1C(2) 9439/17/GW BEARING DATE OF ADVISE OF 29.04.2019 IN RESPECT TO CATEGORY NO 387/2013.
Annexure A8 THE TRUE COPY OF THE RELEVANT PAGES OF THE
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OP(KAT). No.17 of 2023 APPOINTMENT CHART WITH NUMBER R1D(3) 4537/18/GW BEARING DATE OF ADVISE OF 10.06.2020 IN RESPECT TO CATEGORY NO 592/2012.
Annexure A9.
THE TRUE COPY OF THE RELEVANT PAGES OF THE APPOINTMENT CHART WITH NUMBER R1D(3) 4537/18/GW BEARING DATE OF ADVISE OF 13.05.2020 IN RESPECT TO CATEGORY NO 592/2012.
Annexure A10 THE TRUE COPY OF THE REPRESENTATION DATED 29/07/2021 SUBMITTED BEFORE THE MINISTER OF WELFARE OF SCHEDULED CASTE, SCHEDULED TRIBES AND BACKWARD CLASSES, GOVERNMENT OF KERALA.
Annexure A11 THE TRUE COPY OF THE JUDGMENT DATED 17/08/2015 IN W.P(C) 24461/2014 OF HON'BLE HIGH COURT OF KERALA Annexure12 TRUE COPY OF JOINT APPLICATION Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION (OA NO.1479/2021) FILED BY THE PETITIONERS BEFORE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, TVPM Exhibit P2 TRUE COPY OF ORDER IN O.A. NO.1479 OF 2021 DATED 12.10.2022 OF KERALA ADMINNISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
DATED 12/10/2022 Exhibit P3 TRUE COPY OF RTI REPLY BY NO. I/185250/2022 RECEIVED
FROM
THE
INFORMATION COMMISSIONER,KERALA DATED 27/06/2022