IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 14019 of 2009(V) ---------------------------------------- PETITIONER(S): ---------------------- SAJNA.N.P. S/O. RAJESH, 'SREYAS' PERUMACHERRY, P.O. KOLACHERRY VIA KAMBIL, KANNUR DIST. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF SCHEDULED TRIBE DEVELOPMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF SCHEDULED TRIBE, DEVELOPMENT DEPARTMENT TRIVANDRUM. 3. KERALA PUBLIC SERVICE COMMISSION, REP. BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. R1 & R2 BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN R3 & R4 BY MR.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 14019 of 2009-V ------------------------------ Dated this the 24th day of July, 2009. J U D G M E N T The petitioner is a candidate included in Ext.P1 ranked list published by the Kerala Public Service Commission on 1.4.2006, for appointment to the post of Lower Division Clerk in various departments in Kannur District. The ranked list ceased to be in force on 31.12.2008 and a new ranked list was brought into force with effect from 1.1.2009. In this writ petition, the petitioner contends that the post of Female Warden is an addition to the cadre of Clerks in the Scheduled Tribes Development Department and therefore vacancies of Female Warden in the Scheduled Tribes Development Department are also liable to be filled up by advising candidates from the ranked list published on 1.4.2006. The petitioner submits that even before the expiry of the ranked list on 31.12.2008, vacancies of Female Warden in Kannur District had been reported and therefore the Kerala Public Service Commission is bound to advice candidates against the said vacancies. 2. The learned Government Pleader appearing for respondents 1 and 2 submits on instructions that two vacancies of Female Warden were reported to the District Officer, Kerala Public Service Commission in the prescribed form as per the requisition dated 29.12.2008 and that it was W.P(C) No. 14019 of 2009-V 2 received in the office of the District Officer, Kerala Public Service Commission before the expiry of the ranked list. The learned Government Pleader also submits that in view of the stand taken by the Government that the post of Female Warden in the Scheduled Tribes Development Department is an addition to the cadre of Clerks in the Department, it is for the Commission to advice candidates against the said two vacancies. 3. From the submissions made at the Bar by the learned Government Pleader appearing for respondents 1 and 2, it is evident that two vacancies of Female Warden in the Scheduled Tribes Development Department were reported to the District Officer, Kerala Public Service Commission before the expiry of the ranked list on 31.12.2008. The Commission is therefore bound to advice candidates included in the ranked list for the post of Lower Division Clerk in various departments in Kannur District that came into force on 1.4.2006 and remained in force till 31.12.2008. I accordingly direct respondents 3 and 4 to advice candidates included in the said ranked list for appointment to the post of Female Warden in the Scheduled Tribes Development Department against the two vacancies reported to the Kerala Public Service Commission by the Director of Scheduled Tribes Development Department in the requisition dated 29.12.2008. Advice as directed above shall be made within three months from the date on which the petitioner produces a W.P(C) No. 14019 of 2009-V 3 certified copy of the judgment before the District Officer, Kerala Public Service Commission, Kannur. The writ petition is disposed of as above. Sd/- ab P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge