THULASEEDHARAN THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question that arises for consideration in this writ petition is whether the advice made by the Kerala Public Service Commission long back in the year 1995 can now be acted upon and the respondents compelled to give effect to that advice by appointing the petitioner. The brief facts of the case are as follows:

(2.) The petitioner is presently working as Lower Division Clerk in the Maruthomkara Grama Panchayat in Kozhikode District. While he was working as Lower Division Clerk in the Vanimel Grama Panchayat in Kozhikode District he applied for appointment to the post of Sub Inspector (Trainee) in the Police (General Executive Branch) Department. He was selected and advised for appointment by the Kerala Public Service Commission, hereinafter referred to as the 'Commission' for short, as per Ext. P1 advice memo dated 29/12/1995. Pursuant to Ext. P1, he was called for the medical examination held on 12/06/1996 and found medically fit for appointment as Sub Inspector (Trainee). However, the order of appointment did not follow. The petitioner thereupon submitted a representation dated 14/11/1997 before the Inspector General of Police (Training). When there was no response, he moved the Director General of Police by filing a representation dated 04/12/1997 and thereafter filed OP No. 1554 of 1998 in this Court praying for the following reliefs:

(3.) By Ext. P2 judgment delivered on 27/01/1998, this Court disposed of OP No. 1554 of 1998 with a direction to the Inspector General of Police (Training), Thiruvananthapuram and the Director General of Police to consider the representations submitted by the petitioner, which were produced and marked as Exts. P4 and P6 respectively in the said Original Petition and pass orders thereon within one month from the date of receipt of a copy of the judgment. As directed by this Court, the Director General of Police considered the petitioner's representations and after verification of his character and antecedents informed him in Ext. P3 letter dated 22/07/1998 that his appointment as Sub Inspector (Trainee) in the General Executive Branch of the Police Department will be decided only after disposal of Crime No. 6 of 1996 of Munnar Police Station, wherein he was arrayed as an accused.