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2022 Supreme(Ker) 794

ALEXANDER THOMAS, ANU SIVARAMAN, VIJU ABRAHAM
Narayanan. K. U. – Appellant
Versus
Kerala Public Service Commission – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.C.P.SUDHAKARA PRASAD (SR.), SRI.NAVEEN.T, SMT.POOJA SURENDRAN, SRI.S.RAMESH
For the Respondent: SRI. ASHOK B. SHENOY-AMICUS CURIAE SRIU. P.C.SASIDHARAN-SC

JUDGMENT :

ALEXANDER THOMAS, J.

This case has come up before this Full Bench, consequent to the reference order dated 13.3.2020, rendered by the Division Bench of this Court, in view of the apparent conflict of views in the Division Bench judgments rendered in Appukuttan Pillay v. Kerala Public Service Commission (KPSC) [1984 KLT 880 (DB)] and KPSC v. Malini [1996 (2) KLT 332 (DB)] on the one hand, and that in the case of KPSC v. Hareendran [1999 (2) KLT 63 (DB)] on the other hand.

2. The facts of the case, dealt with by the Division Bench in Appukuttan Pillay's case supra, were relating to the cancellation of advice memo, ordered by the Kerala Public Service Commission ("PSC" for short). In that case, the petitioner therein had misrepresented qualifications, regarding experience, in the applications submitted to the PSC, and it was held therein that the period of limitation of one year from the date of the advice, as stipulated in the first proviso to Rule 3(c) of Part II of the Kerala State & Subordinate Services Rules ("KS&SSR Part II" for short), would be attracted in such a case for the PSC to cancel the advice, and that, since the cancellation of advice memo was effected in that

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