IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 8347 of 2011(P) -------------------------------------- PETITIONER(S): ------------------------ SINDHU C., BEENA COTTAGE, AGRAHARAM, NALLEPILLY, PALAKKAD DISTRICT. BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR M.R.JAYAPRASAD P.MOHANDAS MATHEW SUNNY ANOOP V.NAIR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PALAKKAD, PIN-678 001. 3. THE SENIOR ADMINISTRATIVE OFFICER, SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM-33. R1 & R3 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.8347/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTIFICATION IN CATEGORY NO.168/2006 PUBLISHED IN THE EXTRA ORDINARY GAZETTE DATED 30/12/2006. P2 COPY OF THE ADVICE MEMO ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 7/10/2010. P3 COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 12/11/2010. P4 COPY OF THE JUDGMENT DATED 13/10/2010 IN WP(C)NO.935/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.8347 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2011 J U D G M E N T The petitioner was selected by the Kerala Public Service Commission to the post of Lower Division Clerk in various departments. As per her turn in the rank list, she was advised for appointment, but not as Lower Division Clerk but as Warden in the Scheduled Tribe Development Department. According to the petitioner, the petitioner cannot be advised as Warden after having been selected to the post of Lower Division Clerk. He also points out that in similar writ petition Ext.P4 judgment has been passed allowing the claim of similarly placed persons. Heard the learned Government Pleader and the Standing Counsel for the Public Service Commission. I am satisfied that this writ petition is covered by Ext.P4 judgment. Accordingly, following that judgment, this writ petition is allowed to the following extent: W.P.(C)No.8347 of 2011 -2- The advise of the petitioner as Warden in the Scheduled Tribe Development Department is quashed. Consequently the appointment is also quashed. The petitioner's name shall be restored in the rank list by the Public Service Commission and she shall be advised to the post of Lower Division Clerk in her turn. If her turn has already come and any juniors have been advised and appointed the petitioner shall be appointed to the next arising vacancy. However the PSC shall re-allot the date of effective advise in accordance with her turn and pass appropriate orders regarding the same. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/