IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WA.No. 1687 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.22169/2008 Dated 24/07/2008 .................... APPELLANT: PETITIONER ------------------------ PRADEEP.G, S/O.GOPINATH.P, AGED 27 YEARS PEON, BLOCK DEVELOPMENT OFFICE, THALIKULAM, PIN-680 569. BY ADV. SRI.K.S.BHARATHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THRISSUR. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS – R1 SRI.ALEXANDER THOMAS, SC, PSC – R2 & R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.A. NO.1687 OF 2008 ----------------------------------------- Dated 19th March, 2009. JUDGMENT Balakrishnan Nair, J. The point raised by the appellant is covered against him by the judgment of this Court in W.A.No.240/2009 dated 6.2.2009. But, the appellant points out that Ext.P2 notification inter alia provides that even a probationer can also submit his application. The same can only be a mistake. A probationer can never be considered for appointment by transfer. So, the Writ Appeal is dismissed. If the appellant has suffered any loss as a result of the mistake in the notification, he will be free to move the civil court for damages against the Public Service Commission. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/ 2