IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Con.Case(C).No. 1381 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.17383/2008 Dated 13/06/2008 .................... PETITIONER(S): --------------- 1. K.SASINDRAN, S/O. V.KESAVAN, AGED 46 YEARS, WORKING AS FIELD WORKER, N.F.C.P. UNIT, KOLLAM RESIDING AT LOTUS, NETTAYAM, NEDIYARA P.O. ANCHAL, KOLLAM. 2. A.K.JAYACHANDRAN,S/O. KUNJUKRISHNAN NADAR, AGED 52 YEARS, WORKING AS FIELD WORKER N.F.C.P. UNIT,KOLLAM RESIDING AT J.S.BHAVAN, VENNIYOOR, VENGANOOR, NELLIVILA P.O. THIRUVANANTHAPURAM. 3. RANJITH S.R.,S/O. RAJAGOPAL, AGED 28 WORKING AS FIELD WORKER ,N.F.C.P. UNIT, KOLLAM, RESIDING AT INCHIPULLUVILA VEEDU KIDARAKUZHY, KIDARAKUZHY P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.N.SASIDHARAN NAIR RESPONDENT(S): --------------- 1. P.J.THOMAS, CHIEF SECRETARY GOVERNMENT OF KERALA THIRUVANANTHAPURAM 2. BISWAS METHA, SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.LAKSHMI RANI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, ALONG WITH COC NO. 1528 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- C.O.C.1381/2008 -------------------- Dated this the 5th day of January, 2009 ORDER Learned Government Pleader places before me an affidavit filed by the second respondent in which it is affirmed that the respondents have not violated the directions issued in Annexure-A6 judgment. I am afraid that the respondents have not correctly understood the gist of the directions in Annexure-A6 judgment, which has again been clarified in the order dated 28.10.2008, in the following manner: “But compliance with the directions issued by this Court that all the vacancies upto 31.10.2007 will have to be filled up by departmental candidates, can be effected only if requisite number of vacancies, filled up otherwise than by promotion of departmental candidates prior to 31.10.2007, are exclusively filled by by departmental candidates, by effecting promotion against the vacancies which had arisen even after 31.10.2007.” C.O.C.1381/2008 2 2. Learned counsel for the petitioners is right when he submits that on the last posting, learned Government Pleader had taken note of the aforementioned directions and had assured that the respondents shall file an affidavit giving details of the vacancies in the post of Junior Health Inspector Grade-II, available as on 31.10.2007, which were filled up by persons other than departmental candidates, by enforcement of the PSC rank list. What this Court intended is that since the method of appointment underwent a modification only with effect from 1.11.2007, all vacancies which were available as on 31.10.2007 were eligible to be filled up only by departmental candidates. If by an erroneous understanding of the law or otherwise, any vacancies as on 31.10.2007 had been filled up otherwise than by the promotion of the departmental candidates, then, appropriate remedial measures will have to be taken, by making available an equal number of vacancies, to the departmental candidates to be accommodated against the vacancies which arose subsequent to 1.11.2007 and the ratio of 1:3 prescribed with effect from 1.11.2007 can be enforced only subject to the remedial measures to take care of the interests of the departmental candidates C.O.C.1381/2008 3 who were otherwise eligible to be accommodated against all the vacancies that were available as on 31.10.2007. 3. I have dealt with the above aspects in detail with the hope that the respondents may correctly understand the gist of the directions issued by this Court. This order shall be communicated forthwith to the respondents and I deem it appropriate to make available the Government sufficient time, to take such remedial measures as are warranted to see that the directions issued by this Court are complied with. Learned Government Pleader assures that the second respondent shall file a fresh affidavit, after taking note of the instant order. Post on 27.1.2009. V.GIRI, Judge mrcs