JOMON PUTHENPURAKAL Vs. STATE OF KERALA

JUDGEMENT

(1.) These three Writ Petitions have been filed as pro bono publico assailing the appointments of 12 members of Kerala Public Service Commission which were made by G.O.(P) No. 370/2004/GAD dated 30.12.2004. While in W.P.(C) Nos. 37726/2004 and 3279/2005 all the 12 newly appointed members of Kerala Public Service Commission are made respondents, in W.P.(C) No. 198/2005, only one new appointee, namely, Mr. P.R. Devadas, has been made a party. We refer the respondents as arrayed in W.P.(C) No. 37726/2004. The first respondent is the Government of Kerala, second respondent the Kerala Public Service Commission, third respondent the Chairman of the second respondent-Commission, while respondents 4 to 15 are the newly appointed members of the second respondent-Commission. Respondent No. 16 was impleaded as per order dated 12.1.2005 in I.A.No. 596/2005. He is the Principal Secretary to Government, General Administration Department and said to have handled files relating to appointments of respondents 4 to 15 and personal imputations have been made against him that he had helped his sister-in-law, the 6th respondent, to be ranked above the original ranking given by the Cabinet while taking decision.

(2.) Sri. K. Ramakumar, learned counsel, appeared for the petitioner in W.P.(C) No. 37726/2004 and advocates M/s. M.R. Rajendran Nair and Siby Mathew appeared for other petitioners. Sri. Retna Singh, learned Advocate General, appeared for the first respondent, Sri. P.C. Sasidharan, learned counsel, appeared for respondents 2 and 3, learned senior counsel Sri. T.P. Kelu Nambiar appeared for respondents 4 and 11, Sri. N. Nandakumara Menon, learned counsel, appeared for respondents 5 to 7, 14 and 15, Sri. Anil K. Narendran, learned counsel, appeared for respondents 8 and 12 and Sri. Ramachandran Nair, learned counsel appeared for respondents 9, 10 and 13.

(3.) As on the date of filing of W.P.(C) No. 37726/2004 on 28.12.2004, there was no appointment and the same was based on a news paper report that respondents 4 to 15 were sought to be appointed and the relief sought for was to declare the proposed appointments as unconstitutional, void and inoperative and in Clause D, the prayer was to issue a mandamus forbearing respondents 4 to 15 from functioning as Members of the Kerala Public Service Commission in the event the appointments are already announced or implemented pending disposal of the Writ Petition.