Santhi Balakrishnan vs. The State Of Kerala

COURT NO.13

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No(s). 4057-4064/2018

(Arising out of impugned final judgment and order dated 31-08-2017 in OP(KAT) No. 244/2017, OP(KAT) No. 229/2017 OP(KAT) No. 216/2017 OP(KAT) No. 193/2017, OP(KAT) No. 191/2017, OP(KAT) No. 178/2017, OP(KAT) No. 170/2017 and OP(KAT) No. 161/2017 passed by the High <pre>Court Of Kerala at Ernakulam)</pre>

RAJKUMAR G & ORS. ETC.

VERSUS

STATE OF KERALA & ORS.

Petitioner(s)

Respondent $(s)$

WITH

SLP (C) No. 5634/2018

SLP (C) Nos. 4066-4072/2018

SLP (C) No. 29036/2018

SLP (C) Nos. 1346-1352/2019

SLP (C) Nos. 1327-1345/2019 (XI-A)

SLP(C) No. 28112/2018 (XI-A) (FOR ADMISSION and I.R.) SLP(C) No. 27884-27885/2018 (XI-A) (FOR ADMISSION and I.R. IA No. 149021/2018 - EXEMPTION FROM FILING O.T. IA No. 164727/2018 - PRODUCTION OF RECORDS)

Date: 28-10-2021 These petitions were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE A.S. BOPANNA

For Petitioner(s) Mr. P. V. Surendranath, Sr. Adv. Mr. Subash Chandran T.R., Adv. Ms. Lekha Sudhakaran, Adv. Mr. Sawan Kumar Shukla, Adv. Ms. Resmitha R. Chandran, AOR Mr. Kaleeswaram Raj, Adv. Ms. Thulasi K. Raj, Adv.

Mr. Deepak Prakash, AOR Mr. Sriram P., Adv.

Mr. Suvidutt M.S., AOR

contd..

- 2 - Ms. Divyangna Malik, Adv. Ms. Prerna Robin, Adv. Ms. Jessica Bhardwaj, Adv. Mr. Dhruv Goel, Adv. Mr. Rochit Abhishek, Adv. Mr. Deepak Prakash, AOR Mr. Nachiketa Vajpayee, Advocate Ms. Divyangna Malik, Advocate Mr. Abhishek Bhati, Advocate For Respondent(s) Mr. C. K. Sasi, AOR Mr. Abdulla Naseeh, Adv. Ms. Meena, Adv. Ms. Resmitha R. Chandran, AOR UPON hearing the counsel the Court made the following O R D E R

SLP (C) Nos. 4057-4064/2018, 5634/2018, 4066-4072/2018, 29036/2018, 1346-1352/2019 and 1327-1345/2019

Heard Shri Kaleeswaram Raj and Ms. Thulai K. Raj, learned counsel appearing on behalf of the respective petitioners and Shri C.K. Sasi learned counsel appearing on behalf of the respondent State.

Having heard learned counsel appearing on behalf of the respective parties and having considered the common judgment and order passed by the learned Trial Court as well as the High Court as such we see no reason to interfere with the same.

However, even as observed by the High Court it will be open for the respective petitioners to compete with other applicants as and when fresh recruitment process for the post in question is undertaken without the cap of 8 years service. We reiterate the same and observe that as and when fresh selection takes place for the post in question under the scheme, it will be open for the petitioners to apply and compete along with other eligible candidates/applicants and their case be considered in accordance with law and on its own merits.

Contd..

With this, all these Special Leave Petitions stand disposed of/dismissed.

Pending application(s), if any, shall stand disposed of.

SLP(C) No. 28112/2018 and SLP(C) Nos. 27884-27885/2018

It is submitted by learned counsel appearing on behalf of the petitioner that the issue involved in the present Special Leave Petitions is different than that of the other matters and, therefore, it is requested to de-tag the same.

Under the circumstances, the present SLPs are ordered to be de-tagged.

Put up on 15.11.2021.

(NEETU SACHDEVA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER