SUDARSANAN Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Heard Mr. Abdul Salam for the Appellant.

(2.) The Writ Appeal is directed against the judgment of K.S. Radhakrishnan, J. in O.P. 13601 of 1998 dated 27th July 1998 dismissing the Original Petition filed by the Appellant to call for the records relating to Ext. P -11 order passed by the Public Service Commission and to quash the same and for other allied reliefs. The learned Judge, on an elaborate consideration of the entire materials placed before him, came to the conclusion that the Public Service Commission has rightly cancelled the advice of appointment in time since they found that a person having a higher rank in the main list was over looked and the Appellant was advised. One Sivaprasad was having rank No. 605 in the main list. He is a physically handicapped person. Therefore, he could not be appointed to the post of Watcher and on the basis of Ext. P -1 notification, he can be considered only for the post of Peon. When a post of Peon in the Co -operative Department arose, his claim ought to have been considered. However, due to a mistake, it was not done and the Appellant, whose name was included only in the supplemental list, was advised. Since evidently it is a mistake committed by the Public Service Commission, they are bound to correct the same and accordingly the Service Commission has rectified the mistake committed by them and cancelled the advice given in favour of the Appellant.

(3.) Learned Counsel for the Appellant argued the matter before us at length. According to him he was not given a reasonable opportunity by the Service Commission and since the procedure contemplated under the Rules has not been followed, the order passed by the Service Commission is liable to be set aside. He further contended that the Service Commission has no legal right to terminate his service since the appointing authority was the Registrar of Co -operative Society. Once he was appointed as a last grade servant, his service can be terminated only in accordance with Rule 19 of the Kerala State and Subordinate Services Rules (for short 'the Rules').