LAWS(KER)-2013-11-156

ANILKUMAR Vs. STATE OF KERALA

Decided On November 18, 2013
ANILKUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These original petitions are filed by Ex-servicemen who are competent for being considered for appointment as Lower Division Typist in various Departments, either in Malayalam or in English. The prescribed qualification is the acquisition of KGTE lower grade certificate. But, in terms of the provisions for former personnel of the defence forces, the following provision is made:

(2.) Among other things, weightage is given to Ex-servicemen in terms of different circulars of the Public Service Commission. They are found reflected in the manual maintained by the PSC for easy reference and relied on by the petitioner before the learned Tribunal. The provision for weightage in so far as it is relevant reads as follows:

(3.) The plea of the petitioners is that even if 15 years of service is required to operate the deeming provision as to qualification of equivalence to KGTE lower, those 15 years should also be counted for the purpose of weightage available to Ex-servicemen. Before the Kerala Administrative Tribunal, the Public Service Commission took the stand that 15 years has to be reckoned exclusively for granting the equivalence and if any service is left which can be reckoned as Ex-service, that would be reckoned for granting weightage in terms of the afore-noted provision. The Tribunal accepted this view and dismissed the plea of the petitioners.