IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Con.Case(C).No. 1652 of 2008(S) --------------------------------------------- ARISING OUT OF THE JUDGEMENT IN WA.1264/2007 Dated 24/06/2008 .................... PETITIONER/APPELLANT: ------------------------------------ C.R. GIRI, AGED 35 YEARS, S/O. C.V. RAGHAVAN, USHUS, CHIRAYILKULAM, PATTATHANAM P.O., KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. MR. T.P. SEN KUMAR, AGED 50 YEARS, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), PRESENTLY WORKING AS THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. MR. P.C. BENOY, AGED 51 YEARS (FATHER'S NAME NOT KNOWN TO THE PETITIONER), PRESENTLY WORKING AS THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. R1 BY STANDING COUNSEL SRI.K.PRABHAKARAN.. R2 BY STANDING COUNSEL SRI.ALEXANDER THOMAS. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------- Cont. Case (Civil) No.1652 of 2008-S ---------------------------------------------------- Dated, this the 11th day of December, 2008 JUDGMENT H.L.Dattu, C.J. This Court, while disposing of W.A.No.1264/2007 by its order dated 24th June, 2008 had issued the following directions. “..........The PSC should immediately send advice of 1343 candidates from the rank list which expired on 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors shall be made through open source. If more daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges. Expeditious steps also should be taken to finalise the new rank list to avoid this sort of back door appointments. PSC should advice the candidates as early as possible.” 2. Since the respondents had not complied with the orders and directions issued by this Court, the appellant in the writ appeal has presented this contempt petition, inter alia requesting this Court to initiate appropriate proceedings against the respondents for their wilful and deliberate disobedience of the orders and directions issued by this COC No.1652/2008 -2- Court. 3. Now, the 2nd respondent has filed an affidavit before this Court. In that affidavit, at paragraphs 4, 5 and 6 they have stated as under: “4. It is submitted that the applications for the post was invited on 25.11.97 ie, 11 years back and hence so many applications were torned off. Such applications are to be reconstituted for the proper identification of candidates for the preparation of advice list and the procedural formalities regarding the same requires two more months for its completion. There is no wilful or deliberate delay on the part of PSC and prompt and faithful attempts are being made to complete the procedures as expeditiously as possible. 5. It is humbly submitted that at this juncture, it is submitted that this Hon'ble Court passed order dt.11.11.08 in WP(C) 28435 and connected cases. These writ petitions are filed by candidates included in various ranked lists published by PSC seeking a direction commanding the Commission to apply the principles laid down by the Division Bench judgment on 23.5.07 in KPSC Vs. Beermasthan in WA No.1697/07. In those cases this Hon'ble Court as per order dt.11.11.2008 directed Commission to apply the principles laid down in Beermasthan's case to all advises made on after 23.5.08 in respect of bulk vacancies exceeding 20 in number. Commission examined the case in its entirely, taking into consideration the direction of the Hon'ble Court and decided on 18.11.2008 to seek opinion in the matter, as the issue involves regarding the general applicability. The Commission discussed the matter with the Hon'ble Chief Minister and the Hon'ble Cabinet Ministers on 19.11.08, in the meeting held in the Hon'ble Chief Minister's Office. 6. It is submitted that on implementation of the order dt.11.11.08, all advices exceeding 20 made on or after 23.05.08 will have to be revised. The rotation for the post COC No.1652/2008 -3- of Reserve Conductor worked out against 1343 vacancies was approved on 22.10.08. If it has to be revised it will take at least another 2 months. The Commission have frozen all the advices exceeding 20, until a final decision is taken in the above said matter.” 4. A careful perusal of the statement made by the 2nd respondent would only reveal that, they intend to implement the orders passed by this Court within a particular time frame. 5. In view of the undertaking given by the 2nd respondent, in our opinion, for the present, we need not have to take contempt proceedings against the respondents. We grant three months' time from today to the respondents to comply with the orders and directions issued by this Court while disposing of W.A.No.1264/2007 by order dated 24th June, 2008. If, for any reason, the respondents fail to comply with the orders passed by us, the complainant is at liberty to approach this Court once over again. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS