KERALA PUBLIC SERVICE COMMISSION, Vs. RAJESH DIVAKAR

JUDGEMENT

(1.) This original petition has been filed by the Public Service Commission challenging order dated 22-12-2017 in OA No.1154//2017. The original application came to be disposed of based on an order dated 08-11-2017 of the Tribunal in O.A No.977/2017 and connected cases.

(2.) Learned counsel for the petitioner would submit that the direction in OA No.977/2017 was set aside by this court in OP (KAT) No.51/2018 as per judgment dated 15-07-2019. The said judgment reads as under:

(3.) This is a case in which Annexure-A3 experience certificate counter signed by the Assistant Labour Officer was directed to be accepted as per order in OA No.977/2017. On that basis the Tribunal had permitted the candidate to be considered for the selection process. However, by judgment in O.P (KAT) No.51/2018 as aforesaid, this court had set aside the said finding based on an earlier judgment in Kerala Public Service Commission v. Sony, 2016 1 KerLT 293 (DB). It was found that such a procedure is bad in law. Under such circumstances the Tribunal committed error in placing Annexure-A3 certificate. Learned counsel for the respondent also submitted the fact that order in OA No.977/2017 was set aside by this court. Taking into consideration of the aforesaid facts the original petition is allowed as under:- The order passed by the Tribunal in OA No.1154/2017 shall stand set aside and the original application shall stand dismissed.