IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 11559 of 2009(L) -------------------------------------- PETITIONER: ------------------- A.SURENDRAN, S/O.LATE KUNHIRAMAN NAIR, AGED 39 YEARS, WORKING AS PEON, EXCISE DIVISION OFFICE, MALAPPURAM AND RESIDING AT ADHIKARATHU HOUSE,VARAMBUMPOTTY P.O. NILAMBUR R.S. BY ADV. MR.N.UNNIKRISHNAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES (F) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REP.BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER,K.P.S.C. DISTRICT OFFICE,MALAPPURAM R1 BY GOVT. PLEADER MR. P. NANDAKUMAR, R2 & R3 BY MR.ALEXANDER THOMAS, SC,KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11559/2009-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION-CATEGORY NO.81/07 DTD. 12/03/2007. EXT.P.2: COPY OF THE LETTER AND IDENTIFICATION CERTIFICATE DTD. 12/03/2009. EXT.P.3: COPY OF THE LETTER NO. MRII (2)496/07 DTD. 28/03/2009 ISSUED BY R.3. EXT.P.4: COPY OF THE JUDGMENT DTD. 19/03/2009 IN W.P.(C).NO.7136/2008. EXT.P.5: COPY OF THE SPECIAL RULES FOR THE KERALA EXCISE AND PROHIBITION SUBORDINATE SERVICE-SRO 689/74. EXT.P.6: COPY OF THE LETTER DTD. 31/03/2009 SENT BY PETITIONER TO THE R.3. EXT.P.7: COPY OF THE G.O.(RT).NO.101/97/TD. DTD. 17/02/1997. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.11559 of 2009 -------------------------------------- Dated 4th June, 2009 JUDGMENT In this writ petition, the petitioner challenges Ext.P3 letter dated 28.03.2009 sent by the District Officer, Kerala Public Service Commission, Malappuram informing him that as the upper age limit for appointment by transfer as Excise Guard is 35 years, his application stands rejected. The petitioner has filed W.P (C) No.16528 of 2009 challenging the holding of physical efficiency test and the said writ petition is pending. Pursuant to the interim order passed in the said case, the petitioner participated in the physical efficiency test subject to further orders to be passed by this Court. It is stated that the petitioner failed to pass the physical efficiency test. 2. In Ext.P4 judgment, a learned Single Judge of this Court has held that no upper age limit has been prescribed for appointment by transfer as Excise Guard. In view of Ext.P4 judgment, the stand taken in Ext.P3 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.16528 of 2009 is allowed. Therefore, without prejudice to the petitioner's right to prosecute W.P(C) No.16528 of 2009 and the WP(C).No.11559/2009 2 right of the Commission to challenge Ext.P4 judgment in appeal if they are so advised, this writ petition is closed. P.N.RAVINDRAN Judge TKS