GIFTY J. Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The applicant in T.A.No.448 of 2014 is before this Court. The grievance expressed is with regard to the course pursued by the Tribunal, whereby the claim to give an early effective date of advice and to have the seniority fixed accordingly in the post of LDC has been declined as per Annexure A4; which in turn is subjected to challenge in this original petition.

(2.) Heard Sri.Johnson Gomez, the learned counsel appearing for the petitioner, Sri.P.C.Sasidharan, the learned Standing Counsel appearing for the PSC as well as the learned Government Pleader appearing on behalf of the Department.

(3.) The sequence of events is as follows: The petitioner was an aspirant to the post of LDC notified by the PSC. Pursuant to the successful completion of the process of selection, the petitioner was included at serial 553 of the rank list dated 22.10.1999 in respect of the Pathanamthitta District. As a matter of fact, the petitioner belongs to Latin Catholic Community and was entitled to have the benefit there under, for which, he had to produce a 'Non Creamy Layer' Certificate. According to the petitioner, he had procured the said certificate, but on production of the same, it turned out that there was a typographical error, insofar as the certificate issued was a 'Creamy Layer Certificate', instead of Non Creamy Layer Certification. In the said circumstance, based on the request made by the petitioner, some extension of time was granted by the PSC, but proper certificate could not be produced within the extended time, under which circumstance, the PSC considered him in the open category. This made the petitioner to approach this Court by filing O.P.No.5400 of 2001, wherein an interim order was passed by this Court to keep one vacancy unfilled in the said community. Subsequently, a fresh/proper certificate was produced by the petitioner, based on which, the PSC issued the advice and the petitioner joined duty as LDC on 29.05.2001. Based on the turn of events, the said Writ Petition was closed as per judgment dated 10.09.2002, however, leaving liberty to the petitioner to approach the PSC by filing a representation, if there any grievance with regard to 'pre-dating' of the advice given.