IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WA.No. 2143 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.6899/2007 DATED 30/09/2008 .................... APPELLANTS/ ADDL.RESPONDENTS 5 & 6 IN THE WPC ------------------------------------------------------------------------------- 1. SOLAMAN S., OFFSET PRINTING MACHINE OPERATOR GR-II, GOVERNMENT PRESS, MANNANTHALA, TRIVANDRUM. 2. HARIDASAN.V.V., VELLUPULLY VALIYAVEETTIL, MARUTHUR P.O., PATTAMBI VIA, PALAKKAD. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENTS/ PETITIONERS AND RESPONDENTS 1 TO 4 IN THE WPC -------------------------------------------------------------------------------------------------------- 1. MANUEL JAISON, S/O.V.K.MANI, VADKEAKUNNEL, KALAYANTHANI, P.O.KALAYANTHANI, THODUPUZHA, IDUKKI DISTRICT. 2. DINAKAR.K.V., S/O. B.KRISHNANKUTTY, NAVODYAM, THOTTAM, MANACAUD P.O., THIRUVANANTHAPURAM. 3. SREEJITH.S.P., S/O.S.PANKAJAKSHAN NAIR, 'PANKAJ', KADAKAMPALLY ROAD, ANAYARA P.O. THIRUVANANTHAPURAM. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PRINTING (GOVERNMENT PRESSES), SECRETARIAT, THIRUVANANTHAPURAM. W.A. NO.2143/2008 6. THE DIRECTOR OF PRINTING, THIRUVANANTHAPURAM. 7. SRI.BIJU A., S/O.A.M.ARAVINDAKSHAN, BIJU NIVAS, NEDUVANNOOR, CHOVARA POST, ALUVA, ERNAKULAM DISTRICT. SR. GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R5 & R6 ADV. SRI.ALEXANDER THOMAS, SC, KPSC FOR R4 ADV. SRI.KALEESWARAM RAJ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.2143 OF 2008 ------------------------------------- Dated 31st October, 2008 JUDGMENT Koshy,J . Appellants and respondents 1 to 3 were short listed for appointment to the post of Offset Printing Machine Operator Grade II in the Printing (Government Presses) Department. Before preparing the rank list, they were all asked to produce the certificates for verification. It was found by the Public Service Commission that respondents 1 to 3 (writ petitioners) were not having the required experience and, therefore, their applications were rejected. In the writ petition, the learned single Judge considered their certificates very meticulously in paragraphs 7 to 11 of the judgment and after meticulous consideration, the learned Judge found that they were qualified, they have got requisite technical qualification and experience and they also should be included in the rank list. The learned Judge also observed as follows: “Accordingly, it is clarified that the persons, who have already been advised from the rank list should not be disturbed, for the purpose of accommodating the petitioners, except where there are no vacancies available to accommodate the petitioners and the Public Service Commission finds that they are otherwise eligible to be included in the rank list and their position, W.A.2143/2008 2 had they been otherwise included, would have resulted in they being advised much earlier.” We are of the opinion that no interference is required in the impugned judgment. It is submitted that the first appellant was advised on 9.2.2007 and appointed on 29.3.2007. We make it clear that his appointment shall not be disturbed by accommodating the writ petitioners as he has already worked for more than one year. The appeal is disposed of accordingly J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks