IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 28TH NOVEMBER 2007 / 7TH AGRAHAYANA 1929 WP(C).No. 22150 of 2007(J) ------------------------------------- PETITIONER: ---------------- BINOY R., DEEPTHI (VILAYIL VEEDU), THAZHUTHALA, KOTTIYAM P.O., KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 3. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2007 ALONG WITH WP(C) NOS. 26949/2007 AND 29928/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 22150/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE REQUEST MADE BY THE R3 TO THE R2 AS PER LETTER NO. KWA/JD/E2/14927/99 DT. 24/6/99. EXT.P2. COPY OF THE LETTER NO. 28566/WSC-2/99/IR.D DT. 5/10/00 GIVEN BY THE R2 TO THE R3. EXT.P3. COPY OF THE LETTER NO. 18996/85/97/JB/KWA DT. 12/1/2001 WRITTEN BY THE R3 TO THE R2. EXT.P4. COPY OF THE REPLY GIVEN BY THE R2 TO THE R3 AS PER LETTER NO. 2105/C2/R. D DT. 23/2/2001. EXT.P5. COPY OF THE LETTER NO. KWA/JB/E5/18996/97 DT. 18/12/2006 WRITTEN BY THE R3 TO THE R2. EXT.P6. COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE R2 DT. 12/07/07. RESPONDENT'S EXHIBITS - NIL. True copy tga V.GIRI, J. ------------------------- W.P.(C).No.22150, 26949 & 29928 of 2007 ------------------------- Dated this the 28th day of November, 2007. JUDGMENT The issue raised in these writ petitions, relates to the reporting of vacancies in the post of Meter Reader in the Kerala Water Authority. Since pleadings are complete in W.P.(C)No.26949/07, the same is taken as the leading case. 2. As per the Special Rules relating to the post of Meter Reader, the same is to be filled up by direct recruitment and from among the last grade servants in the ratio of 1:1. The Public Service Commission published a rank list for the post of Meter Reader on 7.10.2004 and therefore, it was to expire on 6.10.2007. The petitioners were included in the rank list. According to them, if all the vacancies which had arisen during the currency of the rank list are reported, the petitioners would be advised by the Public Service Commission. 3. On 27.09.2007, after hearing both sides, this court passed a detailed interim order directing the 2nd respondent to report 24 vacancies of Meter W.P.(C).NO.22150/07 :: 2 :: Reader in the prescribed proforma in such a manner that it reaches the Public Service Commission on or before 04.10.2007. It is not disputed that 24 vacancies were reported and apparently it reached the Public Service Commission on 5.10.2007. The Public Service Commission does not dispute the statement that 24 vacancies were reported by the 2nd respondent pursuant to the interim order dated 27.09.2007 and the proforma was received prior to the expiry of the rank list. 4. In the circumstances, I proceed on the premise that 24 vacancies were actually reported prior to the expiry of the rank list. In the said order, I had made it clear that the Public Service Commission shall not advice candidates against the said 24 vacancies except after obtaining further orders from this court. 5. The question which now remains to be considered is 'how many vacancies, out of the 24 vacancies, which were reported as per the order dated 27.09.2007 can be taken note of by the Public Service Commission for issuance of advice memos from the rank list in question. W.P.(C).NO.22150/07 :: 3 :: 6. In a statement filed by the Water Authority, it is contended that only four vacancies were remaining to be reported to the Public Service Commission and the same has been reported to the Commission. In other words, according to the Commission, only four more persons could be advised from the rank list which expired on 6.10.2007. 7. The petitioner in W.P.(C)No.26949/07 has produced Ext.P10 to P12 along with additional affidavit filed on 22.11.2007. Ext.P8 is the information given to the Public Information Officer attached to the Chief Engineer's Office at Kozhikode and it shows that one vacancy in the post of Meter Reader had arisen on 2.8.2007. Apart from the same, Ext.P8 also contains another information which was sent from the Public Health circle, Kannur to the Northern Regional Office at Kozhikode indicating that one vacancy was to arise in the Public Health Division at Kannur consequent upon the retirement of Sri.K.V.Damodaran. 8. Ext.P9 relating to the Southern Region is a communication received by one of the petitioners from the Executive Engineer of the Public Health Division. It indicates that 9 vacancies in the post of Meter W.P.(C).NO.22150/07 :: 4 :: Reader were to arise on 1.10.2007. Similarly, Exts.P10 and P11, which is in relation to the Central Region shows that there were 8 vacancies in the post of Meter Reader as on 1.10.2007 and this had been intimated on 12.9.2007 itself. 9. Exts.P8 to P11 is the information given under the Right to Information Act from the office of the Water Authority itself. There is no material to doubt the veracity of the same. No material has been placed before me to indicate that the information given in Exts.P10 to Ext.P11 are otherwise unreliable. 10. From the above, it must be held that there were, at least, 19 vacancies in the post of Meter Reader as on 6.10.2007. Learned counsel for the petitioners submit that actually a further number of vacancies in the said post would have arisen. But, going by the materials which are not controverted and which otherwise seem to be reliable, I am inclined to hold that there were 19 vacancies as on 6.10.2007. As per the Special Rules, only 50% of the vacancies could be filled up by direct recruitment. In other words, not more than 10 vacancies of Meter Reader were available to be filled up from among the candidates included in the rank list in question. Since the W.P.(C).NO.22150/07 :: 5 :: vacancies which had arisen during the currency of the rank list are also to be filled up by enforcement of the same going by 14 of the Public Service Commission Rules, it is appropriate that the Public Service Commission be directed to act accordingly. In the result, the writ petitions are disposed of directing the Public Service Commission to issue advice memos to 10 more persons from among the persons eligible from Ext.P1 rank list. It is further directed that the Public Service Commission shall not issue advice memos in relation to other vacancies which are stated to have been reported pursuant to the interim order passed on 27.09.2007, by enforcement of Ext.P1 rank list which expired on 6.10.2007. Sd/- (V.GIRI) JUDGE sk/ //true copy//