DINESH SHANKAR N.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether invocation of power of the Government under Rule 39 of Part II of the Kerala State and Subordinate Services Rules is to be done as a matter of course, without considering whether it is for a just and equitable reason as mandated in the very same Rule itself, forms the subject matter of consideration in this Original Petition. This gathers more momentum in the light of the fact that the person concerned to whom such benefit is given by the Government (the 4th respondent) by invoking such Rule has already suffered three different judgments (before the Single Bench and Division Bench of this Court and also before the Supreme Court) who lost the battle through out; but still came to be accommodated by the Government, after dispensing with the basic requirement of sending for training for 2 1/2 years.

(2.) The beneficiary (4th respondent) was not even called for any interview by the PSC, because of non -satisfaction of the required qualification as notified by the PSC for selection in respect of the physical measurements. Interference declined by the Kerala Administrative Tribunal with regard to the challenge raised against the appointment given to the 4th respondent in the above regard and declining the relief for the petitioner (the applicant) to have him appointed in the place of the 4th respondent made him feel aggrieved and hence the Original Petition.

(3.) Heard Sri.Prasanth.S., the learned counsel appearing for the petitioner, Sri.P.C.Sasidharan, the learned Standing Counsel for the PSC, Sri.M.Mohammed Shafi, the learned Government Pleader appearing for the State and Mr.P.Deepak, the learned counsel who entered appearance on behalf of the 4th respondent (stated as instructed by Sri.Babu Paul, the learned lawyer who has filed vakalath for the 4th respondent).