IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 3850 of 2006(G) ---------------------------------------- PETITIONERS: --------------------- 1. RAJANI.V., RENUKA HOUSE, MAJAKKAD, SHORNUR. 2. SURENDRAN.K.,KALLIYATH HOUSE, KALLIPPADAM P.O., SHORNUR. 3. REMALAKSHMI.K., PARAKKAT HOUSE, KAVALAPPARA P.O., KARAKKAD SHORNUR VIA, PALAKKAD DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION (H) DEPARTMENT, DEPARTMENT OF PRINTING(GOVERNMENT PRESSES), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PRINTING, DEPARTMENT OF PRINTING, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. *ADDL.R4 & R5 ARE IMPLEADED: R4. VIJUMON .K.K., KAIPAKASSERIL HOUSE, KUNINJI, THODUPUZHA, IDUKKI DISTRICT. R5. BIJU M.S., M.S.COTTAGE, POTHENCAD P.O., THIRUVANANTHAPURAM DISTRICT. (*ADDL.R4 & R5 ARE IMPLEADED AS PER ORDER DTD.14/10/2008 IN I.A.NO.10911/2008) GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1,2 ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 SRI.P.C.SASIDHARAN FOR ADDL.R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3850/2006 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF THE NOTIFICATION IN GAZETTE DTD. 20/11/2001. EXT.P2: COPY OF THE RELEVANT PORTION OF THE RANK LIST FOR APPOINTMENT OF OFFSET PRINTING MACHINE OPERATOR. EXT.P3: COPY OF THE G.O.(RT) NO.458/87/H.EDN. DTD. 21/02/1987. EXT.P4: COPY OF THE G.O.(MS) NO.202/87/H.EDN. DTD. 16/07/1987. EXT.P5: COPY OF THE JUDGMENT DTD. 5/12/2001 IN O.P.37008/01. EXT.P6: COPY OF THE RELEVANT PORTIONS OF THE REPORT OF THE EXPERT COMMITTEE. EXT.P7: COPY OF THE CIRCULAR NO.916/2001/E1 DTD. 8/06/01. EXT.P8: COPY OF THE CIRCULAR DTD. 14/07/04 OF 2ND RESPONDENT. EXT.P9: COPY OF THE ORDER DTD. 24/08/04 OF THE 2ND RESPONDENT. EXT.P10: COPY OF THE LETTER DTD. 29/09/04 OF DY.SUPERINTENDENT OF GOVT.PRESS, ERNAKULAM. EXT.P11: COPY OF THE CIRCULAR NO.33160/05/E6 DTD. 28/11/05. EXT.P12: COPY OF THE ANSWER GIVEN IN THE LEGISLATIVE ASSEMBLY IN ANSWER TO QUESTION NO.2704. EXT.P13: COPY OF ADMISSION TICKET ISSUED BY THE PSC ON 7/01/06 TO A CANDIDATE. EXT.P14: COPY OF NOTICE NO.13240/06/05 DTD.11/06/06 OF 2ND RESPONDENT. EXT.P15: COPY OF LETTER NO.473/06/E.1.(2) DTD. 12/07/06 OF INFORMATION OFFICER OF THE 2ND RESPONDENT. EXT.P16: COPY OF ORDER DTD. 1/08/06 OF 2ND RESPONDENT LETTER NO.850/06/G.P. K 2 DTD. 1/08/06. EXT.P17: COPY OF LETTER NO.850/06/G.P.K.2 DTD. 1/08/06. RESPONDENT'S EXHIBIT: EXT.R1(A): COPY OF THE PROCEEDINGS NO.23623/06/E4 DTD. 8/08/06. /TRUE COPY/ Kss P.A.TO JUDGE P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.3850 of 2006 ------------------------------- Dated this the 14th October, 2008. J U D G M E N T The petitioners are persons included in Ext.P2 ranked list for appointment to the post of Offset Printing Machine Operator Grade II in the Printing (Government Presses) Department. Ext.P2 ranked list came into force with effect from 17.10.2005 and will cease to be in force on 16.10.2008. The petitioners have, in this writ petition, prayed for the following reliefs:- (i) Stay further appointments on other duty and extension of appointments on other duty for operating offset machines in the Govt Presses; (ii) direct the 2nd respondent to furnish the details of the offset machines installed and operating in each of the Govt Presses with the no. of Printing Machine Operators required for those machines in each press as well as the no. of posts of Offset Printing Machine Operators W.P.(C) No.3850/2006 2 sanctioned so far, before this Hon'ble Court. (iii) direct the 2nd respondent to report such number of vacancies to the PSC reckoning the same as 2/3 of the total posts of Offset Machine Operators required to operate the offset machines installed in the Govt Presses. 2. According to the petitioners, in the Offset Printing Presses maintained by the State Government, 118 persons are required to man the machines and that as per Ext.P3 order, 66 2/3 percentage of the said 118 posts are liable to filled up by advising/appointing candidates included in Ext.P2 ranked list. The short question is whether there are 118 posts of Offset Printing Machine operators Grade II in various Government Presses under the Printing (Government Presses) Department. 3. The respondents have filed two counter affidavits. In the first counter affidavit dated 6.10.2006, the respondents have stated that 32 candidates advised by the Kerala Public Service Commission from Ext.P2 ranked list were W.P.(C) No.3850/2006 3 appointed in the Government Presses at Mannanthala, Vazhoor (Kottayam), Ernakulam and Wayanad and that 17 posts are set apart to be filled up by promotion/appointment by transfer of qualified employees in the Printing Department. It is also stated that though 118 persons from the letterpress side have been deployed in the Offset Wing, they are not working against sanctioned posts and are being paid salary only in the sanctioned post of Printer. In the additional counter affidavit dated 2.8.2008, the respondents have stated that only 50 posts of Offset Printing Machine Operators Grade II exist in the department and that 33 out of the said 50 vacancies have been filled up by advising/appointing candidates included in Ext.P2 ranked list. It is further stated that the remaining 17 vacancies are earmarked for appointment by transfer from among Printers in the Letter Press side. 4. From the materials on record, it is evident that the sanctioned strength of Offset Printing Machine Operators Grade I and II is 50 and that 66 2/3 percentage of the said W.P.(C) No.3850/2006 4 sanctioned posts have been filled up by appointing candidates included in Ext.P2 ranked list. There is total lack of material on record to hold that 118 sanctioned posts of Offset Printing Machine Operators Grade I and II existed in the Government Presses while Ext.P2 ranked list was in force and that 66 2/3 percentage of the said posts are available to be filled up by appointing candidates included in Ext.P2 ranked list. The petitioners have not been able to show that the sanctioned strength of Offset Printing Machine Operators Grade II exceeds 50. Though the respondents concede the entitlement of persons included in Ext.P2 ranked list for appointment to 66 2/3 percentage of the vacancies, their stand is that it is restricted to 33 posts in all. In this state of affairs, the reliefs sought for by the petitioners cannot be granted. The respondents have substantially accepted the contentions of the petitioners by filling up 66 2/3 percentage of the available vacancies of Offset Printing Machine Operators Grade II by appointing candidates included in W.P.(C) No.3850/2006 5 Ext.P2 ranked list. The petitioners are therefore not entitled to the reliefs sought in the writ petition. The Writ Petition therefore fails and is dismissed. P.N.RAVINDRAN, JUDGE nj.