J U D G M E N T

A.K. Jayasankaran Nambiar, J.

This O.P.(KAT) is filed impugning Ext.P2 interim order of the Tribunal dated 5.4.2022. On a perusal of Ext.P2 order of the Tribunal, we find that in the O.A. preferred by the petitioner herein, taking note of the contention that the rank list in which the petitioner was included was due to expire on 8.4.2022, the Tribunal directed the Government to provisionally report 44 vacancies of Assistant in the Government Secretariat to the Public Service Commission [PSC] forthwith, and at any rate, before 8.4.2022, with a clarification that on the provisional reporting of the said vacancies, the PSC need not issue advice against the same without further orders from the Tribunal. The petitioner is aggrieved by the interim order aforesaid to the extent it does not consider the issue of extension of validity of the rank list. We find that the said issue can be considered by the Tribunal only after it first decides the issue of legality of the 5th proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, that is raised in the OA. Moreover, the interests of the petitioner have been adequately safeguarded through the impugned order of the Tribunal.

2. In as much as the O.P.(KAT) proceeds on the assumption that there was an amendment to the 5th proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure in the year 2020, we enquired with the Standing Counsel for the PSC as to whether there was in fact an amendment to the 5th proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, in 2020 as averred in the O.P.(KAT). We are told by the learned Standing Counsel for the PSC that no such amendment was effected to the Kerala Public Service Commission Rules of Procedure in the year 2020.

3. Taking note of the said fact, as also the fact that the order impugned in this O.P.(KAT) is only an interim order, and the further reliefs sought for by the petitioners herein in the O.A. can only be granted at the stage of final hearing of the O.A. by the Tribunal, we deem it appropriate to dismiss this O.P.(KAT) as devoid of merit so that the petitioner can urge his contentions before the Tribunal in the OA. We make it clear that it will be open to the petitioners herein to move the Tribunal for an early hearing, if so advised.

The O.P.(KAT) is dismissed.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-

MOHAMMED NIAS C.P.

JUDGE prp/14/6/22 APPENDIX OF O.P(KAT).NO.115/2022 PETITIONERS EXHIBITS:

Exhibit P1 TRUE COPY OF THE MEMORANDUM OF THE ORIGINAL APPLICATION ALONG WITH ITS ANNEXURES FILED BY THE PETITIONER AS APPLICANT BEFORE THE KAT Exhibit P2 TRUE COPY OF THE ORDER DATED 08.04.2022 OF THE LEARNED KERALA ADMINISTRATIVE TRIBUNAL IN O.A. [EKM] 638 OF 2022.

Exhibit P3 TRUE COPY OF THE ORDER OF THE HON'BLE APEX COURT IN SLPC 9111 OF 2018 DATED 15.02.2022

1131 RESPONDENTS EXHIBITS: NIL.

//TRUE COPY// P.S. TO JUDGE