IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 16812 of 2010(B) ---------------------------------- PETITIONER: --------------- RAJESH.P.S, LDC/BC(BILL COLLECTOR) KOTTAYAM MUNICIPALITY, KOTTAYAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF P & ARD, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE MUNICIPAL SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOTTAYAM. ADV. SRI.SIBY MATHEW FOR R-2 SRI.PHILIP J.VETTICKATTU FOR R-2 SRI.ALEXANDER THOMAS,SC,KPSC FOR R3&4 SRI. SANDESH RAJA – GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, ALONG WITH WPC NO. 27861 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16812 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF NOTIFICATION DTD 30.12.2006. EXT.P2: COPY OF RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LDC IN VARIOUS GOVERNMENT DEPARTMENTS IN KOTTAYAM DIST. EXT.P3: COPY OF APPOINTMNET ORDER DTD 16.2.2010. EXT.P4: COPY OF ORDER DATED 25.3.2010 ISSUED BY R2. EXT.P5: COPY OF APPOINTMENT ORDER DTD 24.10.2009. EXT.P6: COPY OF ORDER DATED 11.3.2010. EXT.P7: COPY OF RANKED LIST DTD 7.10.2008 FOR THE POST OF LAST GRADE SERVANTS IN VARIOUS GOVERNMNET DEPARTMENTS IN KOTTAYAM DIST. EXT.P8: COPY OF THE REPRESENTATION ALONG WITH COVERING LETTER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------ W.P.(C) Nos.16812 & 27861 OF 2010 -------------------------------------------- Dated this the 21st day of January, 2011 JUDGMENT The petitioners participated in the selection process conducted by the Public Service Commission for preparation of rank list for appointment to the post of Lower Division Clerk in various departments. In accordance with their rank in the rank list, they were advised. But, they were appointed as Bill Collectors in the Municipal Common Service. The petitioners challenge the same. According to them, after having selected them for the post of Lower Division Clerk, it is impermissible for the Public Service Commission and the Government to either advise or appoint the petitioners to some other post such as Bill Collector. 2. The learned Standing Counsel for the Public Service Commission takes a contention that it is too late in the day for the petitioner to raise this objection, insofar as they were advised as early as in January 2010 and they readily accepted the W.P.(C)No.16812/10& Con.case 2 employment without any objection. Therefore, the objection now raised after almost a year as an after-thought should not be countenanced by this Court. 3. After hearing both sides, I find considerable merit in the objection raised by the counsel for the Public Service Commission. As rightly pointed out by the learned Standing Counsel for the Public Service Commission, the petitioners never objected to their advice or appointment as Bill Collector within a reasonable time. After a year they cannot now turn around and say that they will not accept the post of Bill Collector and they should be appointed as Lower Division Clerk itself. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioners and accordingly, these writ petitions are dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.16812/10& Con.case 3 W.P.(C)No.16812/10& Con.case 4 W.P.(C)No.16812/10& Con.case 5 The learned counsel for the PSC submits that the petitioners were advised as early as in January 2010 and the petitioners readily accepted the employment without any objection whatsoever and therefore, this Court should not entertain the belated challenge against advice and appointment. The learned counsel for the petitioner seeks time. Post after a week. S. SIRI JAGAN, JUDGE W.P.(C)No.16812/10& Con.case 6 acd W.P.(C)No.16812/10& Con.case 7