IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 22596 of 2009(T) ---------------------------------------- PETITIONER(S): ------------------------- MANOJKUMAR K., S/O.CHATHU M (LATE) OTHAYOTH PARAMBU HOUSE, NEAR VETTUMMAL, P.O.KADIRUR, KANNUR DIST. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. KERALA STATE ROAD TRANSPORTCORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. R1 BY ADV. MR. V.V.NANDAGOPAL NAMBIAR, SC, KSRTC R2 BY ADV. MR. ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B.RADHAKRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 22596 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of September, 2009 JUDGMENT The petitioner competed for selection to the post of Coach Builder in K.S.R.T.C. He was included in the ranked list and advised accordingly. This writ petition is filed aggrieved by the alleged refusal or delay in appointing him. 2. The K.S.R.T.C. has filed a counter affidavit. I have perused the same. The counter affidavit and the materials therein would show that the post of Coach Builder is a vanishing post and the Government have decided with the concurrence of the K.S.R.T.C. that the advice memo by the K.P.S.C. on the basis of selection would be kept alive and appointments would be considered as and when vacancies arise. 3. In the light of the aforesaid situation disclosed in the counter affidavit and the materials placed therein, the learned counsel for the petitioner submitted that the averments in the counter affidavit may be recorded and the matter left to the K.S.R.T.C. for action, in terms of what has been stated in the counter affidavit. W.P.(C) No. 22596/09 2 4. In the result, the writ petition is ordered directing that the K.S.R.T.C. will consider the question of appointing the petitioner on the basis of advice already made by the K.P.S.C., as and when vacancies arise, in terms of what is stated in the counter affidavit in this case. All other issues are left open. No costs. THOTTATHIL B.RADHAKRISHNAN, JUDGE. mn.