IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 17739 of 2008(J) -------------------------- PETITIONER: PETITIONER ---------------------- PRAKASH.K.N, PRAKASH HOUSE, AMAYUR.P.O, MANCHERI VIA, MALAPPURAM DT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, TRIVANDRUM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM. 4. THE DIRECTOR OF URBAN AFFAIRS, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1 & 4 BY STANDING COUNSEL FOR P.S.C. SRI.. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 17739 of 2008 --------------------------------- Dated this the 28th day of July, 2008. JUDGMENT I do not propose to undertake a detailed appraisal of the facts involved in this case essentially because an order of appointment has now been issued to the petitioner as evidenced by Ext.R4(a) accompanied by an affidavit by the Director of Urban Affairs. In the circumstances, the petitioner shall be permitted to join as L.D Clerk in the District Planning Office at Malappuram pursuant to Ext.R4(a). But the petitioner will be entitled to reckon his seniority in the department with reference to the date of Ext.P2 viz. with effect from 1.2.2007 in as much as that Ext.P2 is eligible to be treated as first effective advice of the petitioner in terms of Rule 27(a) of Part II KS and SSR. But in the facts and circumstances, the petitioner would be entitled to claim only the benefit of first effective advice and also to be treated as notionally having entered service on the strength of advice contained in Ext.P2. Subject to the above, the writ petition is disposed of. V. GIRI, JUDGE. Pmn/ WPC. /2008 2