JEEVA MUKUNDAN P.P v. THE STATE OF KERALA

BY ADVS. SRI.P.BENNY THOMAS SRI.NIRMAL. S – R5 TO R7 SRI.M.GOPIKRISHNAN NAMBIAR - R2 SRI.P.GOPINATH SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SMT.VEENA HARI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22771 OF 2014 3 P.V.KUNHIKRISHNAN, J. ------------------------------ W.P.(C)No. 22771 of 2014 ---------------------------------------------- Dated this the 16th day of January, 2024 JUDGMENT The above Writ petition is filed with the following prayers: “i. To call for the records in connection with issuing Ext P1 notification and such other related notifications in connection with selection and appointment of Office Assistant in Kerala Soaps, Kozhikode under the 2nd respondent Government of Kerala Undertaking and issue a writ of certiorari, or any other writs or order or direction to quash the selection of Respondents No 5 to 7 to the post of Office Assistant in Kerala Soaps, under 2nd respondent, declaring the selection and appointment as arbitrary, unreasonable and illegal, offending Article 14 of the Constitution of India. ii. Issue a writ of mandamus, or any other writ or direction to the 2nd respondent directing it to complete the selection process in Ext P1 notification, as per the list forwarded by the 3rd respondent to it, as evident in Ext P4 and P5 and appoint the eligible candidates from the such list WP(C) NO. 22771 OF 2014 4 forwarded by the 3rd respondent; or alternately iii. Issue a writ of mandamus, or any other writ or direction to the 2nd respondent to re- notify the post of Office Assistant notified as vacant in Ext P1 and complete the selection and appointment to such post, at the earliest or within a time frame fixed by this Hon'ble Court, considering the facts and circumstances of the case. iv. Grant any other relief, in the interest of justice, which this Hon'ble Court deems fit in the facts and circumstances of the case.”[SIC]

2. This Writ petition is filed challenging the selection and appointment of Office Assistants in Kerala Soaps. The appointment of respondents 5 to 7 is challenged. This Writ petition is pending before this Court from 2014 onwards. No interim order is passed in this case. The counsel appearing for respondents 5 to 7 submitted that they have already joined the service in January 2014 and are continuing in the service. In such circumstances, at this distance of time, I think there is no reason to WP(C) NO. 22771 OF 2014 5 interfere with the selection process. It will be better to extract paragraph No.9 of the statement filed by respondent No.2: “The Government entrusted recruitment in Public Sector Undertakings with RIAB vide GO (RT)No.942/2012/TD dtd 23.06.2012 and GO (MS) No.223/2011/ID dtd 02.12.2011. True copy of both Government Orders are produced and marked as Annexure F & G. It is further submitted that the Government issued guidelines for recruitment for the manpower in public sector undertakings vide GO (RT) Nos. 1228/2012/ID dated 10.08.2012 and GO (RT)No.773/2013/ID dated 17.06.2013. True copy of Government Orders are produced and marked as Annexure H & I. As per the said government orders, RIAB invited applications and issued call letters for written test for the post of Office Assistant at Container Freight Station and Kerala Soap unit.”

3. From the above, it is clear that the applications were invited, and thereafter, the selection process was conducted. There is no interim order interdicting the appointment of the WP(C) NO. 22771 OF 2014 6 party respondents and they continued for a long time. In the light of the averments in the counter affidavit filed by the party respondents and the 2nd respondent, I think there is no scope to interfere with the selection process at this distance of time. Accordingly, this Writ petition is dismissed. Sd/- DM P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 22771 OF 2014 7 APPENDIX OF WP(C) 22771/2014 PETITIONER EXHIBITS EXHIBIT-P1-TRUE COPY OF THE SELECTION NOTIFICATION PUBLISHED IN THE MATHRUBHUMI DAIILY NEWS PAPER DATED 03/08/2012. EXHIBIT-P2-TRUE COPY OF THE COMMUNICAION NO. L3/19772/2013/DE DATED 16/08/2013 ISSUED BY THE 3RD RESONDENT UNDER RIGHT TO INFORMATION ACT, 2005 EXHIBIT-P3-TRUE COPY OF THE COMMUNICATION NO. C2-4617/13 DATED 19/08/2013 ISSUED BY THE DISTRICT EMPLOYMENT OFFICER, KOZHIKODE UNDER RIGHT TO INFORMATION ACT, 2005. EXHIBIT-P4-TRUE COY OF THE COMMUNICATION NO. KSIE/A&HR/906 DATED 31/08/2013 ISSUED BY THE 2ND RESPONDENT UNDER RIGHT TO INFORMATION ACT, 2005. EXHIBIT-P5-TRUE COPY OF THE COMMUNICATION NO. L3/23528/2013DE DATD 27/09/2013 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P6-TRUE COPY OF THE CALL LETTER FOR WRITTEN TEST IN ROLL NO. 35665 DATED 30/11/2012 WITH RESPECT TO CFS, ERNAKULAM ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT-P7-TRUE COPY OF THE CALL WP(C) NO. 22771 OF 2014 8 LETTER FOR WRITTEN TEST IN ROLL NO. 35666 DATED 30/11/2012 WITH RESPECT TO KERALA SOAPS UNIT, KOZHIKODE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT-P8-TRUE COPY OF THE LIST OF CANDIDATES REQUIRED TO BE CERTIFICATE ATTENDED VERIFICATION TO THE SELECTION OF OFFICE ASSISTANT UNDER 2ND RESPONDENT. FOR EXHIBIT-P9-TRUE COPY OF THE CALL LETTER FOR VERIFICATION OF DOCUMENTS NO.A&HR/331 DATED 27/05/2013 WITH RESPECT TO KERALA SOAPS, KOZHIKODE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT-P10-TRUE COPY OF THE CALL LETTER FOR VERIFICATION OF DOCUMENTS NO.A&HR/406 DATED 05/06/2013 WITH RESPECT TO CFS, ERNAKULAM ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT-P11-TRUE COPY OF THE LIST OF CANDIDATES REQUIRED TO BE ATTENDED FOR SKILL TEST TO THE SELECTION OF OFFICE ASSISTANT UNDER 2ND RESPONDENT. EXHIBIT-P12-TRUE COPY OF THE CALL LETTER FOR SKILL TEST NO. KSIE/A&HR/687 DATED 19/07/2013 WITH RESPECT TO CFS, ERNAKULAM ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT-P14-TRUE COPY OF THE WP(C) NO. 22771 OF 2014 9 COMMUNICATION NO. KSIE/A&HR/1573 DATED 10/01/2014 ISSUED BY THE 2ND RESPONDENT UNDER RIGHT TO INFORMATION ACT. EXHIBIT-P15-TRUE COPY OF THE APPLICATION DATED 12/12/2013 FILED BY SRI. SATHEESH E TO THE 2ND RESPONDENT UNDER RIGHT TO INFORMATION ACT. EXHIBIT-P16-TRUE COPY OF THE COMMUNICATION NO.KSIE/A&HR/1649 DATED 04/02/2014 ISSUED BY THE 2ND RESPONDENT UNDER RIGHT TO INFORMATION ACT EXHIBIT-P17-TRUE COPY OF THE COMMUNICATION NO.KSIE/A&HR/72/128 DATED 05/05/2014 WITH ANNEXURE ISSUED BY THE 2ND RESPONDENT EXHIBIT-P18-TRUE COPY OF THE FORWARDING NOTE IOD/128/12 DATED 09/08/2012 ISSUED BY THE DISTRICT EMPLOYMENT OFFICER, KOZHIKODE TO THE 2ND RESPONDENT RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE