KERALA PUBLIC SERVICE COMMISSION Vs. BAIJU S.

JUDGEMENT

(1.) The Kerala Public Service Commission ('PSC' for short), has filed this O.P. (KAT) against the direction of the Kerala Administrative Tribunal ('Tribunal' for short) in Ext P2 order in O.A. No. 770 of 2014, to advise candidates against the 47 vacancies of Firemen Driver cum Plumber in the Department of Fire and Rescue Services, which were already reported and pending before it. The Original Application ('O.A' for short) was disposed of on the basis of the submission made by the Standing Counsel for the PSC that, the ranked list continued to be in force at the relevant time. In this Original Petition, the PSC submits that it was on account of a mistake that such an erroneous submission happened to be made by the PSC and that the ranked list was cancelled on 3.12.2013. Pointing out the said mistake, the PSC had filed a Review Application which was dismissed by Ext. P3 order dated 30.09.2014, on the ground that the said Review Application was filed beyond the stipulated period of 30 days. Though no grounds are urged in this Original Petition, as to the computation of the 30 days, the learned Counsel argued that period, during which the Tribunal was not sitting on account of vacation, was liable to be excluded for calculating the 30 days period. It was contended that the Review Application could not be filed when the Tribunal was not sitting during vacation and since the same was filed on the re-opening day itself, the Tribunal ought to have found it as one filed within time. We are unable to agree with the said proposition, in the light of the provisions contained in the Kerala Administrative Rules of Practice. We agree with the view adopted by the Tribunal in Ext. P3 order.

(2.) The learned Standing Counsel contended that the matter requires reconsideration and sought for a remand of the matter back to the Tribunal. But we find that when this O.P(KAT) came up for consideration before another Bench of this court on 9.4.2015, the following order was passed:

(3.) The O.A was filed by candidates included in Annexure-A2 rank list for appointment to the post of Fireman Driver cum Pump Operators in the Fire and Rescue Services, by direct recruitment. The ranked list came into force w.e.f 9.8.2012. The O.A was filed in April, 2014 for a declaration that the ranked list Annexure-A2 would be valid for a period of 4 1/2 years or till the date of publication of a new ranked list whichever is earlier and that the PSC is bound to advise the candidates from Annexure-A2 ranked list till such date and for consequential directions. In the O.A, the applicants had pointed out the details of advices made from Annexure-A2 rank list during the period from 29.10.2012 to 24.02.2014.