SMITHA Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) O.P.(KAT)No.98 of 2026 arises out of the order dtd. 26/2/2026 of the Kerala Administrative Tribunal, Additional Bench at Ernakulam in O.A.(EKM)No.277 of 2026 and O.P.(KAT)No.99 of 2026 arises out of the order dtd. 23/2/2026 of the Kerala Administrative Tribunal, Additional Bench at Ernakulam in O.A.(EKM)No.256 of 2026.

(2.) The petitioners in O.P.(KAT)No.98 of 2026 are the applicants in O.A.(EKM)No.277 of 2026 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, which was one filed invoking the provisions under Sec. 19 of the Administrative Tribunals Act, 1985, seeking an order directing the 4th respondent Joint Director, Local Self Government Department, Malappuram, to report all existing Non-Joining Duty (NJD) vacancies and all future vacancies of Junior Health Inspector (Grade II) in the Municipal Common Service Department in Malappuram District, arising during the currency of Annexure A1 ranked list (Category No.137/2015) published by the 1st respondent Kerala Public Service Commission, forthwith; an order directing the 2nd respondent District Officer, Kerala Public Service Commission, Malappuram, to advise the applicants against the said reported NJD vacancies and future vacancies arising during the currency of the ranked list, strictly in accordance with merit, rotation and reservation; and an order directing the appointing authority to appoint the applicants so advised, without any delay.

(3.) The document marked as Annexure A2 in both the original applications is a copy of the judgment dtd. 19/12/2024 of the Apex Court in Civil Appeal Nos.14828-29 of 2024, arising from SLP(C)Nos.10155-56 of 2024, whereby the judgment of a Division Bench of this Court dtd. 14/2/2024 in O.P.(KAT)Nos.298 and 311 of 2023, arising out of the order dtd. 9/6/2023 of the Kerala Administrative Tribunal at Thiruvananthapuram in O.A.Nos.893 of 2023 and 878 of 2023 were set aside. By Annexure A2 judgment, the Kerala Public Service Commission was directed to expand the ranked list under the 2014 notification (Annexure A1) to include the additional vacancies identified by the State Government. By that judgment, the Commission was directed to take all necessary steps to facilitate the selection process of the qualified candidates, as per their merit, in accordance with the recruitment notified by the State Government, from the same selection process, without any further delay.