IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 20905 of 2007(L) --------------------------------------- PETITIONER: ------------------- P.P.LALYMON, PEEDIKAYIL HOUSE, KUMARAKOM P.O., IDUKKI DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN, ADV. SRI.GILBERT GEORGE CORREYA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION), THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOTTAYAM. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR, ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20905/2007-L: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE RANK LIST DTD. 11/08/2004 PUBLISHED BY THE R.4. VIDE PROCEEDINGS NO. 219/2004/DOK. EXT.P.2: COPY OF THE COMMUNICATION NO. E2/1716/97 DTD. 08/05/2007 FROM THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM TO THE R.2. CHIEF ENGINEER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. V.GIRI,J. ------------------------- W.P ( C) No. 20905 of 2007 -------------------------- Dated this the 18th February, 2008 J U D G M E N T The writ petition was filed by a person included in the rank list for the post of Roller Cleaner in PWD in Kottayam district alleging that existing vacancies had not been reported to the Public Service Commission. The list has admittedly expired on 10.8.2007. In paragraphs 4 and 5 of the counter affidavit filed by the Public Service Commission reads as follows: “4. The ranked list for the post of roller cleaner in PWD in Kottayam District was published on 11.8.2004. 27 candidates are included in the main list. 7 candidates have been advised, the details of which are as follows:- Open competition -4, Muslim - 1 (Supplementary List-1), Nadar -1 (M/L-26), other backward community -1 (M/L - 8). 5. It is further submitted that a vacancy was reported for the post of roller cleaner in PWD in Kottayam district as per the Court direction, but was returned for the reason that the vacancy was not reported in the prescribed proforma. It was intimated that there exist no such vacancy and 60 roller cleaners are already in excess in the Public Works Department. No other vacancy is pending to be advised. The ranked list has expired on 10.8.2007.” W.P ( C) No. 20905 of 2007 2 After hearing the counsel on both sides, the writ petition is disposed of directing the Public Service Commission to effect advice from the rank list provided any substantive vacancy had been reported to the Public Service Commission prior to expiry of the list and no advice was made against the same.. (V.GIRI, JUDGE) ma W.P ( C) No. 20905 of 2007 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007