(2013) 306 KLR 609

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

MONDAY,THE 20TH DAY OF MAY 2013/30TH VAISAKHA 1935

OP(KAT).No. 1536 of 2013 (Z)

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(OA.NO. 2146/2012 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM )

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PETITIONER :

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BEENA.N.S., AGED 42 YEARS, D/O.SIVARAMAN, NADUVILPURACKAL HOUSE, M.G.NAGAR, H.NO.212, PUNKUNNAM, THRISSUR-680 002.

BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENT(S):

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1. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 004.

3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THRISSUR-695 004.

R1 & R3 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW R2 BY ADV.SRI.P.C.SASIDHARAN, SC, KPSC

THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 20-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(KAT).No. 1536 of 2013 (Z) -------------------------------------------- 

APPENDIX 

PETITIONER(S)' EXHIBITS 

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• EXHIBIT P1: COPY OF THE OA.NO.2146/2012 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 22/10/2012 
• EXHIBIT P2: COPY OF THE ORDER PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 31/10/2012 

RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE

'C.R.'

THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P.JOSEPH, JJ.

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OP(KAT) No.1536 of 2013

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Dated this the 20th day of May, 2013.

Head Note:-

Public Service Commission - Clause 2(v) - General Conditions - Notification for recruitment to the category of Last Grade Servant in Thrissur District - Age Relaxation - employees of the Kerala Government would be eligible - petitioner was working in the Kerala Headload Workers Welfare Board - she cannot claim to be one governed by the provisions of the Kerala Public Services Act.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

We have heard the learned counsel for the petitioner quite in extenso, and have bestowed our anxious consideration to the interpretation given by the Tribunal to clause 2(v) of the General Conditions attached to the Public Service Commission notification for recruitment to the category of Last Grade Servant in Thrissur District. The said clause dealt with reckoning of provisional service for age relaxation. It clearly encapsulates only those persons, who are in the service as employees of the Kerala Government, who would be eligible to such relaxation. Admittedly, the petitioner was working in the Kerala Headload Workers Welfare Board, which is a statutory board constituted under the relevant Act. Therefore, she cannot claim to be one governed by the provisions of the Kerala Public Services Act or that she is a member of such service to be called an employee of the Kerala Government for the purpose of the aforenoted clause, which authorizes relaxation of age to a particular group of persons. We do not find any legal infirmity or jurisdictional error in the approach of the Tribunal. Therefore, the original petition fails.

In the result, this original petition is dismissed in limine.

(THOTTATHIL B.RADHAKRISHNAN, JUDGE)

(BABU MATHEW P. JOSEPH, JUDGE)

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