IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 5344 of 2008(J) ---------------------------------- PETITIONER(S): ---------------------- 1. RETHY.O., L.D.CLERK, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 2. ASA RANI.S, L.D.CLERK, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.ANTONY MUKATH STANDING COUNSEL MR.ALEXANDER THOMAS FOR KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5344 of 2008 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the ranked list for the post L.D.Clerks in various departments in Thiruvananthapuram District. Ext.P2 :- Copy of the advice memo dated 28.7.2007 with respect to 1st petitioner. Ext.P3 :- Copy of the appointment order dated 13.8.2007. Ext.P4 :- Copy of the proceedings dated 21.8.2007 issued by the 2nd respondent. Ext.P5 :- Copy of show cause notice dated 16.1.2008 issued by the 4th respondent. Ext.P6 :- Copy of the show cause notice dated 16.1.2008 issued by the 4th respondent to the 2nd petitioner. Ext.P7 :- Copy of the reply submitted by 1st petitioner before the 4th respondent. Ext.P8 :- Copy of the reply dated 4.2.2008 submitted by 2nd petitioner before the 4th respondent. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) No.5344 of 2008 ~~~~~~~~~~~~~~~~~ Dated this the 2nd day of August 2010 J U D G M E N T The learned counsel for the petitioners submit that 1st petitioner is no longer interested in prosecuting the case. 2. In so far as the 2nd petitioner is concerned, she was included at serial No.472 of the ranked list for the post of L.D.Clerks, which was published by the P.S.C. on 31.12.2005. She was advised on 28.7.2007 and was appointed in the Directorate of Urban Affairs. Subsequently, on the ground that the advice was mistakenly issued, P.S.C. issued notice under Rule 3(c) of the Procedure Rules and apprehending termination and break in service, the writ petition was filed. 3. An interim order was passed by this Court on 13.3.2008 directing that it will be open to the P.S.C. to W.P.(C) No.5344 of 2008 -: 2 :- proceed with the notice issued under Rule 3(c) and clarifying that the termination of the petitioner, if contemplated, shall be only after getting orders from this Court. 4. From counter affidavit filed by the P.S.C., it is seen that on 19.3.2008, P.S.C. issued orders cancelling the advice of the 2nd petitioner and the petitioner was also intimated that she would be advised to the next available vacancy reported from the Commercial Taxes Department. P.S.C. also says that the Commission have decided to give the benefit of Earliest Effective Advice to the petitioner, and therefore, her seniority will be with reference to 28.7.2007, when she was advised to the Directorate of Urban Affairs. Obviously, therefore the implementation of the notice issued on 19.3.2008, cancelling the advice of the petitioner, consequent termination and further advice will not result in any loss of seniority to the petitioner. It is directed that the P.S.C. shall, within one week from the date of production of W.P.(C) No.5344 of 2008 -: 3 :- a copy of this judgment, issue consequential orders, cancelling the appointment and advising the petitioner to the Commercial Taxes Department. 5. It will also open to the petitioner to make appropriate representation to the appointing authority of the Commercial Taxes Department to expedite the order of appointment as well. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt