IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5166 of 2007(M) ------------------------------------- PETITIONER(S): ------------------------- SREEBHA V.B., AGED 33, D/O. BALAKRISHNAN, VALIAPARAMBIL HOUSE, KOORKANCHERY, THRISSUR DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) MR. RAVI K.(PARIYARATH) MR. GINESH .P. RESPONDENT(S): ------------------------ 1. THE KERALA STATE PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF KERALA HIGHER SECONDARY DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R2 BY ADV. MR.ALEXANDER THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5166/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ADVICE MEMO ISSUED TO THE PETITIONER BY THE IST RESPONDENT DT. 10.10.06. P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT DT. 8.1.07. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE JUDGMENT IN WPC. 10193/06 DT. 28.5.07. R2(b):- COPY OF THE AC 4/2287/HSE / 06 DT. 6.7.07 SENT BY THE DIRECTOR TO PUBLIC SERVICE COMMISSION. R2(c):- JUDGMENT IN WRIT APEAL 1714/3007 T. 5.12.07. R2(d):- ADVICE NO.134216/04/GW-REVISE ROTATION T. 26.9.07 SENT BY PUBLIC SERVICE COMMISSION. R2(e):- COPY OF THE ADVICE NO.RID (1) 34216/04/GW DT. 7.3.08 SENT BY PUBLIC SERVICE COMMISSION. /TRUE COPY/ P.A. TO JUGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5166/2007-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of February, 2009 J U D G M E N T The petitioner is aggrieved by the delay in issuance of posting order to her inspite of Ext.P1 advice memo issued by the Public Service Commission. The petitioner was included in the ranked list for the post of Higher Secondary School Teacher, Socialogy (Senior) in the Kerala Higher Secondary Education Department. 2. Heard the learned Standing Counsel for the P.S.C and the learned Government Pleader. In the counter affidavit of the second respondent, it is stated that the name of the petitioner is seen in the advice sent by the P.S.C against two vacancies. But, however, no advice have been sent against Sreeja, the petitioner in W.P.(C).No.3820/2008. Today, W.P. (C).No.3820/2008 also has been closed by a separate judgment. It is submitted at the bar that re-advice was as per the judgment in W.A.No.2196/2007 produced as R2(c). 3. As against the petitioner, there is a valid advice made by the P.S.C. Therefore, there is no justification for delaying the issuance of appointment order to the petitioner. W.P.(C) No.5166/2007 -:2:- 4. Therefore, the writ petition is allowed. There will be a direction to the second respondent to issue appropriate orders granting appointment to the petitioner within a period of one month from the date of receipt of the copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms