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Rajan V.P

High Court Of Kerala|23 June, 2014
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JUDGMENT / ORDER

Rejection of candidature in the selection to the post of Painter Gr. II in the KSRTC, is under challenge in this writ petition. The petitioner's name, eventhough was successful in the written test as well as in the certificate verification, was not included in Ext.P4 rank list. The reason for rejection of the candidature mentioned in Ext.P5 is that, the experience certificate produced is only that of daily wages. Question as to whether the experience certificate of daily wage engagement can be considered as requisite experience, now stands settled through a decision of this court in Sulochana A.C. vs. Kerala Public Service Commission (2014 (2) ILR 506). Interpreting Rule 10(ab) of the KS and SSR, this court held that the experience gained by permanent or temporary employment other than apprentice, trainee and casual labourer is to be accepted. 2. Learned standing counsel attempted to distinguish the above said ruling on the basis that, the facts of the reported decision reveals that the 'Experience Certificate' produced was obtained from the very same establishment of KSRTC, whereas in the present case the 'Experience Certificate' produced was obtained only from a private establishment. This court do not find any such distinction applicable with respect to the dictum contained in Sulochana's case (supra). It is only on the basis of statutory provisions contained in Rule 10 (ab) the decision was rendered. This court held that, experience gained on the basis of daily wage employment is liable to be accepted.
3. Under the above mentioned circumstances, the writ petition succeeds. The petitioner is entitled to be included in Ext.P4 Rank List in the appropriate ranking position. Hence this writ petition is allowed. Respondents 1 and 2 are directed to include the petitioner in Ext.P4 Rank List in appropriate ranking position and to advise him for appointment, in accordance with the priority based on the Rules of reservation.
4. Needful steps in this regard shall be done within a period of 2 weeks from the date of receipt of a copy of this judgment.
C.K.ABDUL REHIM, JUDGE pmn/
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Title

Rajan V.P

Court

High Court Of Kerala

JudgmentDate
23 June, 2014
Judges
  • C K Abdul Rehim
Advocates
  • P S Nandanan Sri
  • Sri Santhosh Peter
  • Mamalayil Sri
  • B G Renjith