IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 11909 of 2009(G) -------------------------- PETITIONER: --------------- NOUSHAD.S, S/O.SARAFUDEEN, AGED 38 YEARS, WORKING AS PEON (LAST GRADE) O/O.THE JOINT EXCISE COMMISSIONER (SOUTH ZONE), EXCISE HEAD QUARTERS, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, K.P.S.C., DISTRICT OFFICE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11909 of 2009(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION DATED 12.3.2007. EXT.P2: COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT. EXT.P3: COPY OF THE SPECIAL RULES FOR THE KERALA EXCISE AND PROHIBITION SUBORDINATE SERVICE. EXT.P4: COPY OF THE INTERIM ORDER DATED 20.3.2009 EXT.P5: COPY OF THE LETTER DATED 25.11.2008 EXT.P6: COPY OF THE JUDGMENT DATED 19.3.2009 IN W.P(C) NO.7136/2008. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 11909 of 2009-G ------------------------------ Dated this the 22nd day of May, 2009. J U D G M E N T In this writ petition the petitioner challenges Ext.P5 letter dated 25.11.2008 sent by the Secretary, Kerala Public Service Commission informing him that the upper age limit for appointment by transfer as Excise Guard is 35 years. The petitioner along with three others has filed W.P (C) No.8979 of 2009 challenging the holding of physical efficiency test and the said writ petition is pending. Pursuant to Ext.P4 interim order passed in the said case, the petitioner participated in the physical efficiency test subject to further orders passed by this Court. It is stated that the petitioner has failed to pass the physical efficiency test. In Ext.P6 judgment, a learned Single Judge of this Court has held that no upper age limit is prescribed for appointment by transfer as Excise Guards. In view of Ext.P6 judgment, the stand taken in Ext.P5 letter, cannot be sustained. However, as the petitioner has failed to pass the physical efficiency test, he can succeed only if W.P(C) No.8979 of 2009 is allowed. Therefore, without prejudice to the petitioner's right to prosecute W.P(C) No.8979 of 2009 and the right of the Commission to challenge Ext.P6 judgment in appeal if they are so advised, this writ petition is closed. Sd/- ab P.N.RAVINDRAN, JUDGE //True Copy//