The above Writ Petition has been filed seeking the following reliefs: “a) A declaration declaring that non application of Exhibits P2 and P3 to Exhibit P1 and the petitioners alone is arbitrary, illegal and discriminatory and violative of Article 14 of the Constitution of India.
b) A writ of mandamus or any other writ, order or direction, directing the respondents not to deny the benefit of Exhibits P2 and P3 to the petitioners alone and directing them to extend the period of validity of the ranked list prepared pursuant to Exhibit P1 also by one year.
c) Grant such other reliefs as are deemed fit and proper in the facts and circumstances of the case.”
The petitioners are said to be included in the rank list dated 9.8.2012 prepared by the 1st respondent-Kerala Public Service Commission for selection to the post of Fireman-Driver-cum- Pump Operator in the Fire and Rescue Service of the Government of Kerala. The petitioners raise certain disputes as to the issue as to whether or not the validity period of the rank list has been extended. When the matter came up for consideration today, it was pointed out to the the learned counsel for the petitioners that in view of the provisions of the Administrative Tribunal Act, 1985 and the ratio-decidendi laid - : 2 :-
down by the Apex Court in the case between L.Chandra Kumar v. Union of India, reported in AIR 1997 SC 1125, the Court of first instance to adjudicate on all issues regarding matters concerning recruitment to a civil post or civil service under the State Government shall be the Tribunal constituted in accordance with the provisions of the Administrate Tribunal Act, 1985 and that the Kerala Administrative Tribunal has already been established in that behalf.
The learned counsel for the writ petitioners, Sri.Dinesh R.Shenoy, fairly submits that the petitioners may be given liberty to withdraw the Writ Petition without prejudice to their right to move the Kerala Administrative Tribunal for necessary reliefs in the matter. Accordingly, leave is granted to the writ petitioners as requested above and the Writ Petition stands dismissed as withdrawn with liberty to the writ petitioners to move the Kerala Administrative Tribunal seeking appropriate reliefs in the matter.
Sd/-
sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge - : 3 :-