IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 5911 of 2008(D) ------------------------- PETITIONER: ------------ VINOD.K., S/O.A.KANDANKUTTY, KIZHAKKE HOUSE, PANAYUR POST, POLPULLY, PALAKKAD DIST. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ----------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD DIST. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.5911 of 2008 ------------------------- Dated this the 3rd day of March, 2008. JUDGMENT Learned counsel for the petitioner submits that for the post of Tractor Driver, a rank list came into effect on 18.3.2005. It is due to expire on 17.3.2008. The petitioner seeks a direction to the respondents to effect appointments from Ext.P1 rank list irrespective of the amendment to Rule 15 of the Kerala State and Subordinate Services Rules. Therefore, there may be a direction to respondents 1 and 2 to make appointments forthwith, it is prayed. 2. Standing counsel for the Public Service Commission, Mr.Alexander Thomas, submits that two vacancies were reported on 24.12.2007; one is for Scheduled Caste turn, but since there was no Scheduled Caste candidate available in the said list, it was set apart for Latin Catholic as per Rule 15 as amended with effect from 2.2.2006. Insofar as the other vacancy is concerned, the Public Service Commission advised the 4th respondent from Ext.P1 rank list. This was relinquished W.P.(C).NO.5911/08 :: 2 :: as per Ext.P2. Ext.P2 was received only after the advice. Mr.Alexander Thomas submits that a relinquishment, after the advice, cannot be taken into account as per Rule 18. Relinquishment is permissible only as per Rule 18 of the Rules of Procedure. Therefore, Ext.P2 cannot be taken into account. 3. It is true that it is for the appointing authority to report the NJD vacancy, if any, provided the person advised fails to join duty. If the NJD vacancy is reported before the expiry of the rank list, obviously, the Public Service Commission will have to issue memo of advice against the NJD vacancy. Subject to the above observation, the writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge