IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33209 of 2004(C) ------------------------------------- PETITIONER(S): ------------------------ A.S.ANITHA, ANTO BHAVAN, MOOLAYIL THARA, PAMPUKALA, PUTHIYATHURA P.O. BY ADVS.MR.G.SASIDHARAN CHEMPAZHANTHIYIL MR.PEARLY JOSE MR.S.VISHNU MR.MANOJ RAMASWAMY SMT.VIVEEJA RAVEENDRAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF EDUCATION, KILLIPPALAM, THIRUVANANTHAPURAM. R1 & R4 BY GOVT. PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33209/2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANK LIST OF LP/UP ASSISTANTS AS ON 5.6.97 IN THIRUVANANTHAPURAM DISTRICT (RELEVANT PORTION). P2:- COPY OF THE JUDGMENT IN OP. 17639/2000 & WA. 1754/2000 DTD. 21.10.2001 OF THIS HONOURABLE COURT. P3:- COPY OF THE COUNTER AFFIDAVIT FILED BY THE 3RD RESPONDENT IN OP. 17639/2000. P4:- COPY OF THE GO(RT) NO.168/02/G.EDN. DTD. 15.1.02. P5:- COPY OF THE GO(MS 120/99/G.EDN. DT. 25.5.99. P6:- COPY OF THE ORDER NO.A2-174/99 DTD. 13.4.99 OF THE 4TH RESPONDENT. P7:- COPY OF THE ORDER NO.A2-174/99 DTD. 27.5.99 OF THE 4TH RESPONDENT. P8:- COPY OF THE ORDER NO.A2/775/2000 DT. 18.4.2000 OF THE 4TH RESPONDENT. P9:- COPY OF THE ORDER NO.A2/775/2000 DTD. 20.5.2000 OF THE 4TH RESPONDENT. P10:- COPY OF THE ORDER NO.A3/35698/97 DTD. 23.12.97 OF THE 4HT RESPONDENT. P11:- COPY OF THE ORDER NO.A1/38330/98 DT. 26.10.1998 OF THE 4TH RESPONDENT. P12:- COPY OF THE ORDER NO.A1-15350/2000 DTD. 16.5.2000 OF THE 4TH RESPONDENT. P13:- COPY OF THE ANSWER TO UNSTARRED QUESTION NO.2273 DTD. 6.11.01 BEFORE THE 11TH KERALA LEGISLATIVE ASSEMBLY. P14:- COPY OF THE COUNTER AFFIDAVIT DTD. 4.6.02 IN OP. 4328/02 FILED BEFORE THIS HONOURABLE COURT ON BEHALF OF THE IST RESPONDENT. P15:- COPY OF THE REPRESENTATION DTD. NIL TO THE IST RESPONDENT. P16:- COPY OF THE ORDER OF THE SUPREME COURT IN SPECIAL LEAVE TO APPEL (CIVIL) NO. 23172/03 DTD. 19.12.03. P17:- COPY OF THE ADVICE NO. IN FILE DTB (2) 1104/93 DTD. 18.3.2004 ISSUED BY THE 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33209 OF 2004 --------------------------------------- Dated this the 25th day of November, 2009. J U D G M E N T The petitioner herein was a rank holder in the rank list for LPS/UPS Assistant (Malayalam) in Trivandrum District. Exhibit P1 is the copy of the said rank list and the petitioner is ranked 1503 in the said list. Exhibit P1 rank list expired on 05.06.2000. Before the expiry of the rank list, in O.P.No.12828/2000, this Court directed the 4th respondent to report all the available vacancies to the Public Service Commission within two weeks. This was not complied with. 2. On a complaint, the Financial Inspection Wing discovered that despite the order of the court, 277 vacancies remained unfilled on account of non-reporting. Later the issue was considered by a Division Bench of this Court and the Division Bench passed orders directing the 1st respondent to take a decision regarding the dispute in respect of the number of vacancies. Thereafter, Exhibit P4 order was passed by the 1st respondent finding that no vacancies existed prior to the W.P.(C) No.33209/2004 2 expiry of the ranked list. There were developments in between also. 3. The petitioner approached this Court by filing this writ petition challenging Exhibit P4 and for a declaration that she is entitled to be considered for the post of LPS/UPS Assistant in one of the vacancies that remained unreported to the P.S.C on 05.06.2000. 4. Learned counsel for the petitioner submitted that the petitioner had filed a representation before the Government dated 08.11.2006 on which a hearing has also been conducted three months back and therefore, the Government may be directed to pass appropriate orders in the matter within a time frame. The 1st respondent will therefore pass appropriate orders on the representation said to have been filed by the petitioner on which a hearing was conducted, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp