IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10949 of 2010(P) -------------------------------------- PETITIONER: ------------------- C.P.SALIMON, S/O.PEETHAMBARAN, CHATHANKODE, THIRUVARPPU P.O., KOTTAYAM. BY ADV. MR.K.REGHU KOTTAPPURAM. RESPONDENTS: ------------------------ 1. THIRUVARPPU SHEROLPADAKA CO-OPERATIVE SOCIETY LTD. NO.K-58-D(APCOS), THIRUVARPPU P.O., KOTTAYAM, REPRESENTED BY THE SECRETARY. 2. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, ERAYIL KADAVU, KOTTAYAM (JOINT REGISTRAR). 3. THE DIRECTOR OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM (REGISTRAR). 4. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, REPRESENTED BY THE SECRETARY. 5. THE PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOTTAYAM. R4 BY MR. T.A. SHAJI, S.C, KOTTAYAM DIST. CO.OP. BANK, R5 BY MR. ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.10949 of 2010 ------------------------------------------- Dated this the 30th day of March, 2010 JUDGMENT The complaint of the petitioner is that though he has completed 19 years service with the first respondent Society, he has not been issued with a Service Certificate for production before the Kerala Public Service Commission (hereinafter referred to as the 'Commission' for short). The petitioner says that he is desirous of getting an appointment in the Kottayam District Co- operative Bank Ltd. as Clerk/Cashier in the service category. The petitioner was terminated from the service of the first respondent on 14.5.2009 since he could not discharge a liability that had accrued on the advance amount received by him. However, the Managing Committee readmitted him on 18.12.2009 on his discharging the liability. His service has not been regularised thereafter. Therefore, there is a break in his service. Though he has applied for the issue of a Service Certificate, the second respondent has not issued the same wpc No.10949/2010 2 till date. Therefore, he has sought appropriate directions for the issue of a Service Certificate. He has also sought a direction to the Commission to issue an advice memo to him. 2. The prayer of the petitioner is opposed by the Standing Counsel for the Commission, Mr.Alexander Thomas. He points out that the petitioner has not been included in the rank list and therefore no advice memo could be issued to him. According to the counsel, the rank list has been finalized on 31.12.2009 and the petitioner's name has not been included in the rank list. Therefore, there is no question of even including him in the rank list. 3. The counsel for the petitioner on the other hand submits that the action of the second respondent in not issuing a Service Certificate to him or even considering his request for the issue of the same is without any justification. According to the counsel, the second respondent has a duty to consider his request for the issue of a Service Certificate which may be used by the petitioner for any purpose. 4. Since the rank list of the Commission has already wpc No.10949/2010 3 been published on 31.12.2009 and since the petitioner has not been included in the said rank list, the second prayer of the petitioner cannot be granted. Regarding the issue a Service Certificate, as the matter is still pending consideration of the second respondent, I feel that the second respondent can be directed to consider and pass appropriate orders on the petitioner's request on an early date. 5. In the above circumstances, this Writ Petition is disposed of directing the second respondent to consider the request of the petitioner for the issue of a Service Certificate evidenced herein by Ext.P5 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/