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A. MUHAMED MUSTAQUE, MURALI PURUSHOTHAMAN
Reji P, S/o. Velayudhan – Appellant
Versus
State Of Kerala Represented By Secretary To Government, Department Of Excise, Secretariat, Thiruvananthapuram – Respondent
JUDGMENT :
Murali Purushothaman, J.
This Original Petition is preferred against the order dated 20.10.2016 of the Kerala Administrative Tribunal in O.A (EKM) No.955 of 2014 filed by the petitioner herein.
2. The petitioner was a candidate included in Annexure A1 rank list published by the Kerala Public Service Commission (PSC) for appointment to the post of Excise Guard in the Excise Department in Malappuram District. The rank list was published on 10.09.2009. The petitioner holds rank No.101 in the main list in Annexure A1. According to the petitioner, the 5th respondent who was ranked above him (rank No.96) and who belonged to Ezhava category relinquished his claim for appointment as per Annexure A2 letter dated 10.02.2014 addressed to the District Officer, PSC, the 4th respondent. In Annexure A2, the 5th respondent has stated that he is not interested in joining the post of Excise Guard as he is working as Process Server in the Court at Manjeri. Accordingly, he requested to delete his name from the rank list. However, the District Officer, PSC rejected the relinquishment letter by Annexure A3 dated 14.03.2014 on the ground that the signature of the 5th respondent in Annexure A2 is
The PSC must judiciously verify relinquishment requests; arbitrary rejection violates procedural fairness, impacting eligible candidates.
The court emphasized that strict compliance with the rules is necessary, but when a candidate complies with the requirements, the benefit should be availed by the candidate next in the order of merit....
The authority for vacancy appointments must follow valid ranked lists; vacancies from Leave Preparatory to Retirement are not substantive until actual retirement occurs, impacting recruitment legalit....
The main legal point established is that Rule 38 of Part II KS & SSR does not restrict the period of relinquishment, and the Government Order does not limit the period of temporary relinquishment to ....
Point of Law : Rule 13 of Kerala Public Service Commission Rules stipulates that ranked lists published by Commission shall remain in force for a period of one year from date on which it was brought ....
Point of Law : Recruitment over and above notified vacancies is not in accordance with constitutional mandate of equal opportunity of unemployment, envisaged in Articles 14 and 16 of Constitution of ....
If a selected candidate joins and resigns within a period of currency of waiting list, a wait listed candidate would have a right to claim appointment and this very proposition also appears to have b....
Important points:Daily wage persons and provisional persons are being engaged by the respondent-Department of Social Justice, as drivers to cater to their travel requirements and that the said practi....
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