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2025 DAILYLAW 3450 (KER)

AZIYA S v. STATE OF KERALA

WP(C)/4526/2023 · 2025-03-24

Harisankar V Menon

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25134 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 4526 OF 2023 PETITIONERS: 1 AZIYA S, AGED 31 YEARS, WIFE OF FIROZ I, LOWER DIVISION CLERK (TAMIL AND MALAYALAM KNOWING), MUNSIFF COURT, NEAR CIVIL STATION, PALAKKAD, KERALA- 678 001, PRESENTLY RESIDING AT KADUNGALAM, THOLLANUR, PALAKKAD, KERALA, PIN – 678722. 2 DEEPIKA D, AGED 26 YEARS, WIFE OF JITHAN P, LOWER DIVISION CLERK (TAMIL AND MALAYALAM KNOWING), MUNSIFF COURT, CHITTOOR, PALAKKAD, KERALA- 678 101 PRESENTLY RESIDING AT J P NILAYAM, SURYAPARA, ATHICODE P O, PALAKKAD, KERALA, PIN – 678554. 3 GIRISH KUMAR M, AGED 36 YEARS, SON OF S MUTHUKUMARAN, YEARS, LOWER DIVISION CLERK (TAMIL AND MALAYALAM KNOWING), MOTOR ACCIDENTS CLAIM TRIBUNAL, CIVIL STATION, PALAKKAD, KERALA- 678 001 RESIDING AT CHERIYA NADAKKALAM, ATHICODE, PALAKKAD, KERALA, PIN - 678554 BY ADVS. REKHA VASUDEVAN SOYA D.C P.PRATHYUSHA ELIZABETH V.JOSEPH ROJIT ZACHARIAH W.P.(C)No.4526 of 2023 2 2025:KER:25134 RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695001. 2 THE DISTRICT JUDGE, DISTRICT AND SESSIONS COURT, CIVIL STATION COMPLEX, PALAKKAD, KERALA, PIN – 678001. 3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THULASI HILL, PATTOM PALACE P O, THIRUVANANTHAPURAM, KERALA, PIN – 695004. 4 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KUNNATHURMEDU, PALAKKAD, KERALA, PIN – 678001. 5 SARANYA B. (SOUGHT TO BE IMPLEADED), NO.40/297, OPPO. MARGIN FREE SUPER MARKET, VADAKKANTHRA, PALAKKAD, (SOUGHT TO BE IMPLEADED). 6 RENGITHA G. (SOUGHT TO BE IMPLEADED) ANNAI ILLAM, ALUKKADAVU STREET, KODUMBU, PALAKKAD DISTRICT, (SOUGHT TO BE IMPLEADED). 7 SABIRA BEEGAM S, (SOUGHT TO BE IMPLEADED) AGED 26 YEARS, BAITHUL NOOR, NAKSHATHRA NAGAR, PADIKKALPADAM, PUTHUNAGARAM, PERUVEMBA, PALAKKAD DISTRICT, PIN-678 503. (SOUGHT TO BE IMPLEADED). 8 K. MURALI, ( SOUGHT TO BE IMPLEADED ) S/O. KRISHNAMOORTHY, 50/739, SABARI NIVAS, MUTHAMPALAYAM, OLAVAKKODE, PALAKKAD, ( SOUGHT TO BE IMPLEADED ) 9 ROBERT BENNY ( SOUGHT TO BE IMPLEADED ) ROBERT BENNY B, S/O. BENJAMIN M, AGED 31 YEARS, SILVESTHREE VEEDU, NEELIPPARA, KOZHIPPARA PO, PALAKKAD, PIN- 678 557. (SOUGHT TO BE IMPLEADED). W.P.(C)No.4526 of 2023 3 2025:KER:25134 BY ADVS. O.D.SIVADAS M.SHAJNA OTHER PRESENT: SRI P C SASIDHARAN,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.4526 of 2023 4 2025:KER:25134 JUDGMENT The petitioners have applied for appointment in the post of LDC (Tamil and Malayalam knowing) in response to a notification by the 3rd respondent Commission. The petitioners state that they were originally included in the rank list. Later, through Ext.P8, an addendum came to be issued and it is in that circumstances that the captioned writ petition is filed by the petitioner. 2. I have heard Smt.Rekha Vasudevan, the learned counsel for the petitioner, Sri.P.C.Sasidharan, the learned Standing Counsel for PSC and Sri.O.D.Sivadas, the learned counsel representing the impleading petitioners as well as the learned counsel for the 2nd respondent. 3. This Court notices that the sustainability or otherwise of Ext.P8 was the subject matter of consideration in O.P.(KAT) No.412/2024 and connected cases. A Division Bench of this Court through Ext.P15 judgment dated 25.02.2025 has decided the issue in favour of the petitioners therein and against the Commission. W.P.(C)No.4526 of 2023 5 2025:KER:25134 4. In the light of the afore, I am of the opinion that the petitioners are entitled to succeed. Resultantly, this writ petition would stand allowed by setting aside Ext.P8. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.4526 of 2023 6 2025:KER:25134 APPENDIX OF WP(C) 4526/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION FOR CATEGORY NO. 116/2017 DATED 30.05.2017 ISSUED BY THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE NOTIFICATION NO. 08/2020DOP DATED 20.08.2020 ISSUED BY THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE NOTIFICATION NO. 09/2021/DOP DATED 03.12.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF THE RANKED LIST DATED 25.02.2022 FOR THE POST OF LOWER DIVISION CLERK (TAMIL AND MALAYALAM KNOWING) Exhibit P5 A TRUE COPY OF THE PROVISIONAL APPOINTMENT CHART ISSUED BY THE 4TH RESPONDENT ON 04.04.2022 Exhibit P6 A TRUE COPY OF THE ORDER NO. A1-050/2017 DATED 07.05.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE ERRATUM NOTIFICATION NO. PVI(2) 1/20 DATED 28.01.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P8 A TRUE COPY OF THE ADDENDUM/ERRATUM NOTIFICATION DATED 01.02.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 27.03.2023 IN OP(KAT) NO. 130 OF 2023 PASSED BY THIS HONOURABLE COURT Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 07.06.2023 IN WRIT APPEAL NO. 1053 OF 2023 PASSED BY THIS HONOURABLE COURT Exhibit P11 TRUE COPY OF THE SHOW CAUSE NOTICE NO. W.P.(C)No.4526 of 2023 7 2025:KER:25134 PVI(2) 01/2020-13 DATED 07.07.2023 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER Exhibit 11a TRUE COPY OF THE SHOW CAUSE NOTICE NO. PV(2) 01/2020-30 DATED 07.07.2023 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER Exhibit P11b TRUE COPY OF THE SHOW CAUSE NOTICE NO. PV(2) 01/2020-48 DATED 07.07.2023 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER Exhibit P12 TRUE COPY OF THE REPLY TO SHOW CAUSE NOTICE DATED 21.07.2023 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P12a TRUE COPY OF THE REPLY TO SHOW CAUSE NOTICE DATED 21.07.2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P12b TRUE COPY OF THE REPLY TO SHOW CAUSE NOTICE DATED 21.07.2023 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P13 TRUE COPY OF ADDENDUM/ERRATUM NOTIFICATION NO. PVI(2)01/2020-1 DATED 20.10.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P14 A TRUE COPY OF THE FINAL ORDER DATED 26.7.2024 IN OA(EKM) 268 OF 2023 OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P15 A TRUE COPY OF THE JUDGEMENT 25.2.2025 IN OP(KAT) 412 OF 2024 OF THIS HONOURABLE COURT