IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 RP.No. 507 of 2011(P) ------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31345/2010 Dated 04/07/2011 .................... REVIEW PETITIONER(S): RESPONDENTS 1 & 2 IN WPC -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, CO-OPERATION(A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN RESPONDENT(S): PETITIONER & RESPONDENTS 3 TO 6 IN WPC -------------------------------------------------------------------------------------------- 1. KANNAN M.P., MALIYEKKATTU HOUSE, VALLUVALLY, KOONAMMAVU.P.O., ERNAKULAM, PIN-683518. 2. SUMESH.S., THATTANTAZHIKATHU VEEDU, T.K.M.C.P.O., KUTTICHIRA, KOLLAM-691005. 3. GANGA.S., THEKKEETTATHU, PADA SOUTH, KARUNAGAPPALLY.P.O., KOLAM-695518. 4. PRADEEP KUMAR.K., PRADEEP SADANAM, ELAMBA.P.O., THIRUVANANTHAPURAM-695103. 5. SHIBU.B., SHYLAJA BHAVAN, CHATHINAKKULAM CHANDANATHOPE.P.O., KOLLAM-691014. 6. RIJI.C. IBRAHIM, KUNNAMPURATHU HOUSE, KALYANTHANI.P.O., THODUPUZHA. 7. BLESSY STEPHEN.A., ALAPPATTU HOUSE, THEVARA COLONY, KOCHI-682013. tss R.P. NO.507/2011 8. IRISHMA.P.VARGHESE, THADATHIL PLACKAL, MELUKAVU.P.O., MELUKAVU, KOTTAYAM-682652. 9. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. 10. SAJI KUMAR, S/O. G. SREEDHARAN PILLAI, UPEER DIVISION TYPIST, OFFICE OF THE JOINT REGISTRAR(G) THIRUVANANTHAPURAM. 11. K.P. AJITH KUMAR, S/O. N. KUMARAN NAIR, UPPER DIVISION TYPIST, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAKM. 12. M.V. UNNIKRISHNAN, S/O. MURALEEDHARAN NAIR, LOWER DIVISION TYPIST, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. ADV. SRI.P.C.SASIDHARAN, SC FOR PSC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/07/2011, ALONG WITH RP NO. 515 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss RP. NO.507/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE G.O.(RT) NO.35/2011/CO.OP. DTD. 24.2.2011. A2:- COPY OF THE NOTIFICATION NO.A5(2) 4182/02 DTD. 1.6.2011. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- R.P. No.507 of 2011 IN W.P.(C) No. 31345 OF 2010 & R.P. No.515 of 2011 IN W.P.(C) No. 10930 OF 2011 -------------------------- Dated this the 18th day of July, 2011 O R D E R In these review petitions the State of Kerala and the Registrar of Co-operative Societies seek a review of the interim order passed by me on 4.7.2011 in W.P.(C) Nos. 31345 of 2010 & 10930 of 2011 respectively. By that order, I had directed the review petitioners to report 93 vacancies of Junior Co-operative Inspector to the Kerala Public Service Commission (hereinafter referred to as 'the Commission' for short) before the close of office hours on 11.7.2011. Such an order happened to be passed in view of the fact that the ranked list in question would have ceased to be in force on 13.7.2011. The validity of the ranked list has since been extended by the Commission till 31.8.2011. These review petitions are filed contending that though as contended by the writ petitioners there are no qualified Village Extension Officers and therefore all the vacancies which are to be filled up by transfer appointment of Village Extension Officers were filled up by appointing persons included in the ranked list, in the case of Upper Division Clerks and Upper Division Typists as on the date of filing of the review petitions, 8 persons have become fully qualified and that due to an advertent omission the fact that 8 persons were qualified as on the date of the interim order was not brought to the notice of this Court. It is also contended that direct recruits are in excess of the quota RP Nos.507 & 511 of 2011 2 earmarked for them and therefore for that reason also the interim order passed on 4.7.2011 is liable to be reviewed. 2. I heard Smt. Anu Sivaraman, learned Special Government Pleader appearing for the review petitioners, Smt. V.P.Seemanthini and Sri K.Jayakumar, learned senior counsel appearing for the writ petitioners, Sri.P.C.Sasidharan, learned standing counsel appearing for the Commission and Sri.V.A.Muhammed, learned counsel appearing for the additional respondents. The reasons for which this Court directed the review petitioners to report 93 vacancies of Junior Co-operative Inspector to the Commission before the close of office hours on 11.7.2011 and directed the Commission to advice candidates against those posts have been set out in detail in the interim order passed on 4.7.2011 and therefore they are not reiterated herein. It is evident from Ext.P5 order produced in W.P.(C) No. 31345 of 2010 and Annexure A1 order produced along with R.P. No.507 of 2011 that qualified Village Extension Officers are not available to be appointed by transfer as Junior Co-operative Inspector. The review petitioners do not dispute the said fact. It is evident from Ext.P5 order produced in W.P.(C) No. 31345 of 2010 that only 107 vacancies were earmarked to be filled up by transfer appointment of Upper Division Clerks and Upper Division Typists. Ext.P5 order was passed on 7.8.2010. However only 47 persons were appointed by transfer thereafter. RP Nos.507 & 511 of 2011 3 After Ext.P5 order was passed, a statement dated 10.6.2011 was filed on behalf of the respondents. Though in that statement it was stated that 60 out of the 107 vacancies and 22 vacancies that arose later are earmarked to be filled up by transfer appointment of Upper Division Clerks and Upper Division Typists, the State had no case that Upper Division Clerks and Upper Division Typists who have completed one year of service after undergoing the Junior Diploma Course are awaiting appointment. It was in such circumstances that by the order sought to be reviewed, I directed that for the very same reasons stated in Ext.P5 order, the writ petitioners are entitled to have all the vacancies filled up by direct recruitment. In the review petitions, the State has come forward with a new case that 8 persons had become qualified on 28.6.2011. Though during the course of arguments, the learned Special Government Pleader stated that 18 other persons have also got qualified by acquiring the required length of service by 14.7.2011, the details are not forthcoming. Based on the materials now produced, at best it can be said that as on the date of the interim order, 8 Upper Division Clerks and Upper Division Typists had completed the required length of one year of service and are eligible for appointment. I am therefore of the opinion that on the facts available, the interim order passed by this Court on 4.7.2011 can be modified only to that extent. RP Nos.507 & 511 of 2011 4 I accordingly modify the order passed by me on 4.7.2011 in the writ petitions and direct that in the place of 93 vacancies, respondents 1 and 2 in the writ petitions shall report 85 vacancies of Junior Co-operative Inspector to the Commission. The vacancies shall be reported within two weeks from today. The requisition shall be made in the prescribed form and it shall be delivered in the office of the Commission within the time stipulated above. In all other respects, the interim order sought to be reviewed shall continue to operate. Sd/- P.N.RAVINDRAN, (JUDGE) vps //true copy// P.A to Judge