IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WA.No. 2140 of 2008() --------------------- APPELLANT: 3RD RESPONDENT IN THE WP -------------------------------------- A.NAHAS, NOW WORKING AS ASSISTANT CHEMIST, KERALA MINERALS AND METALS LIMITED, KOVIL THOTTAM, CHAVARA, KOLLAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.PRASANTH .S RESPONDENTS: PETITIONER AND RESPONDENTS 1 & 2 IN THE WPC ---------------------------------------------------------- 1. SAJEEV.P., PUTHENVELI, MUTTATHIPARAMBU P.O., CHERTHALA, ALAPPUZHA - 688 527. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE K.P.S.C. PATTOM, THIRUVANANTHAPURAM - 4. 3. KERALA MINERALS AND METALS LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CHAVARA, KOLLAM DISTRICT - 691 583. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R1 SRI. ALEXANDER THOMAS, STANDING COUNSEL, P.S.C THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2140 OF 2008 --------------------------------------------- Dated this the 25th day of August, 2009 JUDGMENT Kurian Joseph, J. The appellant is the third respondent in the Writ Petition. The issue pertains to the appointment to the post of Shift Analyst under the third respondent, Kerala Minerals and Metals Limited. In view of the intervening developments, it is submitted that the first respondent herein who has been offered appointment apparently has not joined duty, since he is permanently accommodated elsewhere. The appellant, therefore, prays that he may be retained in the higher post of Shift Analyst to which he was originally promoted and later reverted, as the first respondent has not joined duty. 2. It is for the appellant to bring the said fact to the notice of the third respondent in which case, taking note of the developments referred to above, the needful shall be done by the third respondent within a period of W.A. NO. 2140/2008 2 one month from the date of receipt of a proper representation. We make it clear that the third respondent will take the decision untrammelled by the observations and findings in the judgment under appeal and the interim order dated 30.10.2008 passed in the Writ Appeal. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ The words “shift Analyst” occurring in the last sentence in paragraph 1 of the judgment dated 25/08/2009 in W.A.2140/2008 are corrected as “Assistant Chemist” as per order dated 16/09/2009 in I.A. 895/2009 in W.A. 2140/2008. Sd/- Registrar(Judicial) W.A. NO. 2140/2008 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2140/2008 JUDGMENT 25th August, 2009 W.A. NO. 2140/2008 4