Kerala Public Service Commission vs Sheejamol

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Ker) 787

Kerala Public Service Commission – Appellant
Versus
Sheejamol – Respondent

Advocates:
Advocate Appeared:
For the Appellants : P.C. Sasidharan, N. Raghuraj.
For the Respondents: Kaleeswaram Raj, I. Sheela Devi.

ORDER :

1. This matter has been placed before the Full Bench upon reference by a Division Bench of this Court through an order dated 20.08.2018 in W.A. Nos. 1191 and 1740 of 2016 arising from the judgment dated 31.07.2015 in W.P. (C) No. 5881 of 2014. The facts may be briefly noticed. The writ petitioner was included in a ranked list for the post of Clerk-cum-Cashier in various District Co-operative Banks. She was included in Part I of the list as Rank No. 57 (the list was prepared in 2 parts since the selection was from 2 different sources). The candidates up to Rank No. 56 in Part I of the list were advised for appointment by the Kerala Public Service Commission taking into consideration the vacancies reported by various District Co-operative Banks. It appears that the person at Rank No. 54 did not join duty as a result of which there was a Non-Joining Duty (NJD) vacancy in the Ernakulam District Co-operative Bank (the ‘Bank’). Thereupon the writ petitioner filed W.P. (C) No. 5881/2014 in which an interim order was issued on 29.5.2014 directing the Bank to report the Non-Joining Duty vacancy before 30.06.2014, on which date, it is not disputed, the ranked list expired. There is co