IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 RP.No. 478 of 2007(L) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.30983/2005 DATED 07/11/2005 .................... REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN THE W.P --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION.), PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, N.H.DIVISION, ALAPPUZHA. 4. THE EXECUTIVE ENGINEER, ROADS & BRIDGES, PUBLIC WORKS DEPARTMENT, ALAPPUZHA. BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN RESPONDENTS/PETITIONER & 5 & 6 RESPONDENT IN THE W.P. ------------------------------------------------------------------------------------------- 1. SUNIL P.S., SON OF N. PUSHKARAN, RESIDING AT SUNIL NIVAS, PALACE WARD, ALAPPUZHA. 2. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ALAPPUZHA. R2 & R3 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC R1 BY ADV. MR.PRAKASH P.GEORGE THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------- R.P.No.478 of 2007 in W.P.(C)No.30983 of 2005 -------------------------------------- Dated 8th June, 2009 ORDER Heard Smt.Anu Sivaraman, the learned Government Pleader appearing for the review petitioners. There was no representation for the first respondent/writ petitioner when the review petition was called for hearing today. 2. By judgment delivered on 7.11.2005, this Court disposed of W.P.(C)No.30983 of 2005 with a direction to the review petitioners to assess the vacancies of Roller Cleaner in Alappuzha District and to report the vacancies to the Kerala Public Service Commission within two months from the date of receipt of a copy of the judgment. In the review petition, respondents 1 to 4 in the writ petition stated that 60 posts of Roller Cleaner in the Public Works Department have been identified as surplus and have been abolished as per the Government order dated 19.11.2003, a copy of which is produced as Annexure.P1(a). It is stated that in implementation of the said Government order 36 posts of Roller Cleaners including seven vacant posts in Alappuzha District were adjusted against the said 60 posts, that presently 24 posts of Roller Cleaner are in surplus and that R.P.478/2007 in WP(C).30983/2005 2 they will be adjusted against the forthcoming vacancies. It is also stated that the said 24 posts of Roller Cleaner would be adjusted by the year 2015. In these circumstances, the review petitioners submit that the direction issued by this Court to report vacancies of Roller Cleaner in Alappuzha District may be withdrawn. 3. The pleadings and the materials disclose that the Government have taken a policy decision to abolish 60 posts of Roller Cleaner. In implementation of the policy decision, 36 posts including seven vacant posts in Alappuzha District have been abolished and this was done by order dated 19.11.2003 which was issued nearly two years prior to the date on which the writ petition was disposed of. Such being the situation, I am satisfied that the direction issued by this Court in the judgment delivered on 7.11.2005 in W.P.(C)No.30983 of 2005 requires to be recalled. In the result, the review petition is allowed and the judgment delivered on 7.11.2005 in W.P.(C)No.30983 of 2005 is recalled. Post the writ petition for hearing as per roster after one month. P.N.RAVINDRAN Judge R.P.478/2007 in WP(C).30983/2005 3 TKS