IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 493 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.424/2009 Dated 23/01/2009 .................... APPELLANTS: PETITIONERS ------------------------- 1. REHNA.C.H, W/O.C.M. ABBAS, AGED 36 YEARS, PARAKKATTIL HOUSE, NAD.P.O, NOCHIMA, ERNAKULAM DISTRICT. 2. RAMLA.M.M, D/O. MARAKKAR, AGED 38 YEARS, THOMMAN HOUSE, VADAKODU.P.O, PUTHIYAROAD KANGARAPADY, ERNAKULAM. 3. DIKSY LASAR.A.L, W/O. P.A. ROY, AGED 36 YEARS, PAPPALY HOUSE, ASOKAPURAM, ALUVA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KAKKANAD, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------- W.A.No.493 of 2009 -------------------------------------------------- Dated this the 2nd day of March, 2009 JUDGMENT Kurian Joseph,J. Appellants are the petitioners. The issue pertains to appointment to the post of L.D. Typist/Confidential Assistant. According to the appellants they are qualified. But the Public Service Commission took the stand that they are not. They approached this court by filing the writ petition. As per the judgment under appeal, placing reliance on Ext.P7 judgment in W.A.No.2413/2007 and connected cases, the writ petition was disposed of. Hence the appeal. It is the contention of the appellants that on facts the appellants stand on a different situation and hence Ext.P7 judgment will not apply in their case. It is further submitted that the appellants are diploma holders in Commercial Practice. Be that as it may, it is seen that one of the prayers in the writ petition was for a direction to the second respondent to consider their grievances as raised in Exts.P9 to P11 representations. In that view of the matter we do not think W.A.No.493 of 2009 -:2:- that this court, at this stage, should go into the merits of the case since whether the situation is different or not, is for the Public Service Commission to examine at the first instance. Therefore, we set aside the judgment under appeal and dispose of the writ appeal directing the second respondent to consider Exts.P9 to P11 representations and pass appropriate orders thereon in accordance with law with notice to the appellants. The appellants will produce the mark list and syllabus of the course undergone by them before the Public Service Commission so as to enable the second respondent to take an effective decision in the matter. The representations as above, shall be disposed of within a period of two months from the date of production of a copy of the judgment along with a copy of the mark list and syllabus. (KURIAN JOSEPH, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) ahg. KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. --------------------------- W.A.No.493 of 2009 ---------------------------- JUDGMENT 2nd March, 2009