IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 22024 of 2006(V) ------------------------------------ PETITIONER : ---------------- SOMAN.M.K., MANJAPPILLIKATTIL HOUSE, OORAMANA.P.O., ERNAKULAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS : ------------------- 1. KERALA PUBLIC SERVICES COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. * 3. SRI.ANILKUMAR A., AJITH BHAVAN, KOLIYACODE P.O., THIRUVANATHAPURAM * ADDL. R3 IS IMPLEADED AS PER ORDER DT.15.11.2007 IN I.A.NO.13382/07 ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22024 of 2006(V) APPENDIX PETITIONER'S EXHIBITS : EXT.P1: TRUE COPY OF THE RELEVANT PAGE OF THE CERTIFICATE OF DISCHARGE OR TRANSFER TO THE RESERVE ISSUED TO THE PETITIONER BY THE INDIAN AIR FORCE EXT.P2: TRUE COPY OF THE CERTIFICATE DATED 29.11.2002 ISSUED BY THE INDIAN AIR FORCE EXT.P3: TRUE COPY OF THE EQUIVALENCY CERTIFICATE DATED 08.07.2003 ISSUED BY THE MAHATMA GANDHI UNIVERSITY EXT.P4: TRUE COPY OF THE NOTIFICATION DATED 17.06.2003 EXT.P5: TRUE COPY OF THE CERTIFICATE DTD.13.01.2003 OF THE TAHSILDAR, MUVATTUPUZHA EXT.P6: TRUE COPY OF THE LETTER DTD.18.09.2005 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P7: TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE DEPUTY C.D.A., INDIAN AIR FORCE, NEW DELHI EXT.P8: TRUE COPY OF THE NOTIFICATION NO.RL 552/2005/ERII A DTD.31.12.2005 EXT.P8(a): TRUE COPY OF THE SUPPLEMENTARY LIST PUBLISHED BY THE 1ST RESPONDENT EXT.P9: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 08.02.2006 EXT.P10: TRUE COPY OF THE REMINDER WAS SEND ON 02.05.2006 BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P11: TRUE COPY OF THE LETTER DATED 29.05.2006 NO.G.R.C.(2) 109/06 OF THE 1ST RESPONDENT EXT.P12: TRUE COPY OF THE REPRESENTATION DTD.21.06.2006 SENT BY THE PETITIONER TO THE CHAIRMAN OF P.S.C. WP(C).No. 22024 of 2006(V) EXT.P13: TRUE COPY OF THE REPLY DATED 14.07.2006 NO.ER2 (ADDL.) 2353/05/ASS.KPSC/SECRETARY OF THE 1ST RESPONDENT EXT.P14: TRUE COPY OF THE ORDER NO.E4/8203/2003 DATED 16.08.2003 OF THE ADMINISTRATIVE OFFICER, VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM EXT.P15: TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL EXT.P16: TRUE COPY OF THE RANKED LIST FOR APPOINTMENT TO THE POST OF ASSISTANT GR-II/AUDITOR GR-II -TRUE COPY- P.A. TO JUDGE pac P.N.Ravindran, J. ===================== W.P(C).No.22024 of 2006 ===================== Dated this the 18th day of December, 2008. JUDGMENT The petitioner is an Ex-serviceman who had served in the Indian Air Force for a period of 16 years, 4 months and 20 days. He applied for appointment to the category of Assistant Grade II in the Kerala Public Service Commission, hereinafter referred to as the “Commission” for short, pursuant to Ext.P4 notification dated 17.6.2003 issued by the Commission. The petitioner was found to be eligible to apply based on his service in the Indian Air Force for more than 15 years. He was selected and included in Ex.P8 ranked list as serial No.35 in the supplementary list of Ezhava candidates. In this Writ Petition the petitioner contends that he ought to have been included in the main list and that he is also entitled to weightage marks for his entire length of service. 2. The issue raised by the petitioner is covered against him by the decision of this Court in W.P.(C) Nos.1082 and 23136 of 2008. In the said decisions, this Court had held that the service in the Indian Air Force which renders a candidate eligible cannot again be reckoned for the award of weightage marks. Hence, the reliefs sought for by the petitioner cannot be granted. The Writ Petition accordingly fails and is dismissed. It is clarified that the dismissal of this Writ Petition will not WP(C) 22024/06 -: 2 :- stand in the way of the petitioner being advised if his turn arises during the currency of the ranked list. P.N.Ravindran, Judge. ess 20/12