IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 5712 of 2008(E) ------------------------- PETITIONER: ------------ 1. SASIKALA C., W/O. S.R.K.PILLAI, SURYA, MINI INDUSTRIAL ROAD, MANAKKARA, SASTHAMCOTTA P.O., KOLLAM, PRESENTLY WORKING AS PEON, KERALA WATER AUTHORITY, SUB DIVISION OFFICE, SASTHAMCOTTA. 2. P.UNNI PILLAI, PRESENTLY WORKING AS PEON, KERALA WATER AUTHORITY, (PH SUB-DIVISION), KOTTARAKKARA. BY ADV. SRI.P.V.VENUGOPAL RESPONDENTS: ------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, OFFICE OF THE P.S.C., PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC SC SRI. J.KRISHNA KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).5712/2008 -------------------- Dated this the 31st day of March, 2008 JUDGMENT Petitioners are class-IV employees presently working as Peons in the Kerala Water Authority. They have approached this Court essentially seeking a direction to the second respondent, PSC, to advise them from Ext.P1 rank list enabling class-IV employees in the Water Authority to get appointment to class-III vacancies treating Ext.P1 rank list as still in force. Ext.P1 rank list was published by the PSC on 15.4.2004 and obviously the same has expired. The grievance of the petitioners is that notwithstanding a decision taken by the Water Authority to reserve 10% of the vacancies of L.D.Clerk/L.D.Typist in the Water Authority as a promotion post to the Last Grade Service employees with effect from 1.11.1998, subject to them acquiring the minimum qualification prescribed for the post and successful completion of test and training, proposal has not been implemented in the Water Authority so far. Water Authority has filed a statement indicating that appointments in the Water Authority have W.P.(C).5712/2008 2 been brought within the purview of the PSC. Therefore, earmarking 10% of the vacancies of L.D.Clerk/L.D.Typist will require an amendment of the special rules and this requires consultation with the PSC as well. Petitioners point out that Ext.P5 order was passed by the Government conveying their approval for reservation of 10% of the vacancies of L.D.Clerk/L.D.Typist in the Water Authority for the Last Grade Service employees. Based upon Ext.P5 Government Order, Water Authority again sought the concurrence of the PSC and on 17.2.2007, Commission informed the Water Authority that they have already tendered their advice for the formulation of Special Rules for the Water Authority as early as in 1993, but no final orders have been received from the Government so far. In these circumstances, I cannot issue a direction as such to the PSC to enforce Ext.P1 rank list. 2. It is accepted on both sides, that amendment of the special rules as such is required. There has been delay W.P.(C).5712/2008 3 on the part of the Government in taking action on the basis of the advice tendered by the PSC. But Government is not a party in this writ petition. No reliefs as such have been sought for against the Government. It is open to the petitioners to move the Government seeking an expeditious intervention of the Government. If there is still tardiness on the part of the Government in taking appropriate action, petitioners may approach this Court. Other contentions are left open. Subject to the right of the petitioners as aforesaid, writ petition is closed. V.GIRI, Judge mrcs