IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WA.No. 1979 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20555/2009 .................... APPELLANT(S): ADDL. 8TH RESPONDENT ----------------------------------------------------------- THULASI KUMARI, PRATHEEKSHA, KP 13/70, PURAVOORKONAM, KARAKULAM P.O., VAZHAYILA, THIRUVANANTHAPURAM. BY ADV. MR. PIRAPPANCODE V.S.SUDHIR RESPONDENTS: PETITIONER & RESPONDENTS 1 TO 7 ---------------------------------------------- 1. VIDYA R., D/O. V.J.RAVINDANATHA PANICKER, VADAYODIL HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FISHERIES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 5. C.JAYANARAYANAN, S/O. NARAYANAN, TECHNICAL ASSISTANT, GOVERNMENT REGIONAL FISHERIES TECHNICAL HIGH SCHOOL, CHAVAKKAD, THRISSUR DIST. (ON DEPUTATION TO KERALA FISHERMEN'S WELFARE FOUND BOARD AS FISHERIES OFFICER, AZHIKODE). 6. M.SIYAR, S/O. MOHAMMED KANNU, RESEARCH ASSISTANT, NATIONAL FISH SEED FORM, POLACHIRA, PATHANAMTHITTA. 7. K.B.ANIL KUMAR, INSPECTOR OF FISHERIES (ZONAL), KOLLAM. :2: 8. K.M.ALIAS, S/O. K.P.MATHEW, NOW WORKING AS ASSISTANT EXTENSION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES (ZONAL), ERNAKULAM. BY SENIOR GOVERNMENT PLEADER MR. BENNY GERVASIS ADV. MR. JAJU BABU ADV. ALEXANDER THOMAS, STANDING COUNSEL FOR PSC. ADV. MR. KALESWARAM RAJ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/11/2010, ALONG WITH WA NO. 1987 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.A. Nos. 1979 of 2010 and 1987 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 30th day of November, 2010 JUDGMENT J. Chelameswar, C.J. These two Writ Appeals are preferred by the respondents in W.P. (C) No. 20555 of 2009 aggrieved by the interim order dated 2nd November, 2010. By the said order, the learned Single Judge of this Court directed the Public Service Commission to advice candidates to the four vacancies out of the six reported, subject to the result of the Writ Petition. 2. Heard the learned counsel for the appellants as well as the respondent. 3. We are of the opinion that, a direction to the Public Service Commission to appoint persons by way of an interim order, without adjudicating on merits, in our opinion, should not be normally resorted to. 4. In the said circumstances, we set aside the order impugned in the appeal and directed the Registry to list the Writ Petition for hearing before the appropriate bench. W.A. Nos. 1979 & 1987 of 2010 2 The State of Kerala is directed not to fill up above appointment against four vacancies during pendency of the Writ Petition. Post the Writ Petition on 06.12.2010 J. CHELAMESWAR, CHIEF JUSTICE P. R. RAMACHANDRA MENON, JUDGE kmd