IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 33409 of 2005(B) ----------------------------------------- PETITIONER(S): ------------------------- 1. CHITHRAGUPTHAN.P., KARUTHEDATHKUZHI, ADUVAD, MAVOOR PO,KOZHIKODE,PIN: 673 661. 2. MADHU T., KODAMBATTIL HOUSE, KONOTT PO., KOZHIKODE, PIN: 673 571. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.K.A.BALAN, SRI.M.K.PRADEEPKUMAR, SRI.PETER JOSE CHRISTO. RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAURAM-4. 3. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE,KERALA STATE ELECTRICITY BOARD, KOZHIKODE. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PPUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION CIVIL STATION, MALAPPARAMBU, KOZHIKODE. R1 TO R3 BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB R4 & R5 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33409/2005 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN WP(C) 20570/05 OF THIS HON'BLE COURT. P2: COPY OF THE LETTER NO.GB 26/2005-06/388 DTD. 2/05/2005 OF THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, NALLALAM, KOZHIKODE ADDRESSED TO THE CHIEF ENGINEER, DISTRIBUTION NORTH, KOZHIKODE. P3: COPY OF THE LETTER NO.EB1/INCUMBENCY/2004-05/415 DTD.23/8/2005 OF THE ASSISTANT EXECUTIVE ENGINEER-IN-CHARGE, R. S DIVISION, KALLAYI ADDRESSED TO THE CHIEF ENGINEER, DISTRIBUTION (NORTH), KOZHIKODE. P4: COPY OF THE RELEVANT EXTRACT OF THE ORDER NO.BO )FM) 2489/2004 (DPC II/TCMS-KKD/2004) DTD. 7/10/2004 OF THE BOARD. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE LETTER DTD. 27/08/2005. R3(B): COPY OF LETTER DTD. 03/09/2005. R3(C): COPY OF LETTER DTD. 22/10/2005. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.33409 OF 2005 ------------------------------- Dated this the 16th day of September, 2010 J U D G M E N T The petitioners have been included in the rank list prepared by the Public Service Commission for the post of Electricity Worker/Mazdoor, which came into force on 28.8.2002. The list was to expire on 27.8.2005. The petitioners approached this Court by filing W.P.(C)No.20570/2005, wherein this Court passed Ext.P1 judgment, which reads as follows: “It is stated on behalf of respondents 4 and 5 that 30 vacancies had already been reported and thereafter on 10.8.2005 steps were taken to report 18 more vacancies. Since it is for the Board to report the vacancies to the Commission, Board has been addressed in the matter. 2. The list will expire on 27.8.2005. Therefore, writ petition is disposed of directing the 3rd respondent – Board to report 18 more vacancies to the Commission, as intimated by respondents 4 and 5. If the 4th respondent has not already informed the above number of vacancies to the Board it shall be done immediately and it will be the responsibility of the 3rd respondent to see that 18 vacancies are reported without any delay. There shall be a further direction that all vacancies that will arise before the expiry of the rank list also shall be reported to the Commission so as to reach the report by 5 p.m. on 27.8.2005”. W.P.(c)No.33409/05 2 The petitioners’ contention in this writ petition is that the submission of the respondents in that writ petition which has been recorded in that judgment that thirty vacancies had already been reported is wrong and such vacancies were not reported. The petitioners seek to prove this fact by relying on Exts.P2 and P3, wherein five vacancies were stated to be available as on 2.5.2005 and 17 vacancies were stated to be available on 23.8.2005. According to the petitioners, these vacancies were not reported. The petitioners, therefore, seek the following relief: “i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 4 and 5 to furnish to the Kerala State Electricity Board the details of the 52 candidates who would have been entitled to be advised had all the vacancies been reported to the Public Service Commission pursuant to Ext.P1 and directing the respondents 1 to 3 to appoint such candidates within a time limit to be fixed by this Hon'ble Court” 2. The Public Service Commission has filed a counter affidavit detailing the vacancies reported and dates thereof, thus: W.P.(c)No.33409/05 3 Sl.No. No. and date of Requisition Date of receipt No.of vacancies Date of advice 1 Lr.No.EB/88/96 dated 14.09.99 of the Engineer,VyduthiBhavan Thiruvananthapuram 25.09.99 57(55 fresh 2 NJD) 23.10.02 2 Lr.No.EB.EW/88/2002 dated 19.12.02 of the Chief Engineer (H) VyduthiBhavan, Thiruvananthapuram 21.12.02 76 fresh 20.01.03 3 Lr.No.EB2/803/03/5141/dated 22.09.03 of the Dy.Chief Engineer, Electrical Circle, KSEB 24.09.03 123 fresh 06/11/03 4 Lr.No.EB.EW/88/2002 dated 19.11.03 from the Chief Engineer,Vydyuthi Bhavan, Thiruvananthapuram 24.11.03 03 NJD 28.11.03 5 Lr.No.EB2/803/EW/2004/1501 dated 15.03.04 of the Deputy Chief Engineer, Electrical Circle, Kozhikode 16.03.04 01 NJD 25.03.04 6 Lr.No.EB2/803/EW/2004/3846 dt.17.5.04 of the Dy.Chief Engineer, Electrical Circle, Kozhikode 18.05.04 15 fresh 27.05.04 7 Lr.No.EB2/EW/2004/8233(a) dt.29.11.04 of the Dy.Chief Engineer, Electrical Circle, Kozhikode 30.11.04 135 fresh 15.12.04 8 Lr.No.EB2/EW/2005/ 4609 dt.04.06.05 from the Dy.Chief Engineer, Electrical Circle, Kozhikode 07/06/05 20 fresh 13.06.05 9 Lr.No.EB2/EW/2005/5538 dt. 15.07.05 from the Dy.Chief Engineer, Electrical Circle, Kozhikode 16.07.05 02 fresh 20.07.05 W.P.(c)No.33409/05 4 Sl.No. No. and date of Requisition Date of receipt No.of vacancies Date of advice 10 Lr.No.EB2/EW/2005/7266 dt.22.08.05 of the Dy.Chief Engineer, Electrical Circle, Kozhikode 22.08.05 18 fresh 29.08.05 11 Lr.No.EB2/EW/2005/7321 dt.28.08.05 of the Dy.Chief Engineer, Electrical Circle, Kozhikode 25.08.05 03 fresh 24.09.05 12 Lr.No.EB2/EW/2005/7347 dt.27.08.05 from the Dy.Chief Engineer, Electrical Circle, Kozhikode 27.08.05 07 fresh 24.09.05 Going by Ext.P2, as on 2.5.2005 there were five vacancies. But, as per the counter affidavit of the Public Service Commission, on 7.6.2005, 20 fresh vacancies were reported. Subsequently, on 16.7.2005, two fresh vacancies were reported and on 22.8 .2005, 18 fresh vacancies were reported. In view of the said circumstances, although Ext.P3 is dated 23.8.2005, on the basis of Exts.P2 and P3, I cannot come to a definite conclusion that respondents 1 to 3 have not reported the said vacancies stated to be available as per Exts.P2 and P3. That being so, there is no materials before me to prove conclusively that the respondents have not reported the vacancies as directed in Ext.P1 judgment. It is pertinent to W.P.(c)No.33409/05 5 note that the petitioners have not chosen to seek review of Ext.P1 judgment on the ground that the submission of the respondents that 30 vacancies had been reported, which has been recorded by this Court is wrong. In the above circumstances, I do not think that the petitioner is entitled to the reliefs prayed for in the writ petition. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.33409/05 6 W.P.(c)No.33409/05 7