IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WA.No. 959 of 2006(A) --------------------- AGAINST THE JUDGEMENT IN WPC.7332/2006 Dated 30/03/2006 .................... APPELLANT/ PETITIONER:- ------------------------------------- SUNIL KRISHNAN M., AGED 30 YEARS, S/O. MOHANDAS, RESIDING AT RUGMINI SADAN, KANNADI P.O., PALAKKAD-678 701. BY ADV. SRI.T.C.GOVINDA SWAMY SMT.D.HEERA SRI.P.NPANKAJAKSHAN PILLAI RESPONDENT(S)/RESPONDENTS:- ---------------------------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, STATE SECRETARIAT, TRIVANDRUM. 2. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, TULSI HILLS, PATTOM, TRIVANDRUM. 3. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, TULSI HILLS, PATTOM, TRIVANDRUM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PALAKKAD. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON 07/07/2010 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = Writ Appeal No.959 of 2006. = = = = = = = = = = = = = Dated this the 7th day of July, 2010. J U D G M E N T Gopinathan, J. The appellant, while working as Lower Division Clerk in Industrial Training Department in Palakkad district, responding to a notification issued by the Kerala Public Service Commission inviting application for the post of Lower Division Clerks in various departments, applied for the same in Palakkad district itself. Though, the appellant was short listed, his name was omitted in the final list for the reason that since he was already working in the same post, he was forbidden from applying again for the same post. Intimating the same, Ext.P8 letter was issued by the 4th respondent. The learned single Judge upheld Ext.P8 and dismissed the writ petition by judgment dated 30.3.2006 in WP(C ).No.7332/2006. Now, this writ appeal. WA.No.959 of 2006. -: 2 :- 2. Though, this writ appeal was admitted and notice was ordered, the appellant didn’t remit any process fee. Hence, the appeal was kept pending for curing defect. We directed the Government Pleader and the Standing Counsel for respondents 2 to 4 to take notice and parties were heard. It is revealed that after selection process, Ext.P6 rank list had come into effect from 1.1.2006 and it had already expired. The selection process, during the course of which impugned Ext.P8 letter was sent and the appointment thereon, were already over. In the above circumstance, without going to the merits, the appeal is dismissed as infructuous. No costs. C.N.RAMACHANDRAN NAIR, (Judge) P.S.GOPINATHAN, (Judge) Kvs/-