IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 6123 of 2009(I) ------------------------- PETITIONER(S): --------------- SINI KASSIM, AGED 31 YEARS, W/O.ANOOP K., RESIDING AT "FATHIMA MANZIL", NELLIKOTTU PARAMBATH, HIGH SCHOOL ROAD, KODUVALLY, KOZHIKODE DISTRICT. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF ECONOMICS AND STATISTICS, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM. REPRESENTED BY ITS SECRETARY. GOVERNMENT PLEADER SRI.P.NANDAKUMAR SRI.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 6123 of 2009 I ``````````````````````````````````````````````````````` Dated this the 24 th day of March, 2010 J U D G M E N T The Public Service Commission as per Ext.P1 notification invited applications for the post of Research Officer in the Economics and Statistics Department. The petitioner applied pursuant to the same and was included at rank No.20 in the main ranked list. This writ petition has been filed by the petitioner mainly with the following prayers:- “ (a) To issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ order or direction under Article 226 of the Constitution of India directing respondent No.1 to make appointment in 1:1 ratio as per the special rules under the KS & SSR. (b) To direct the 1st respondent to declare the existing vacancy before this Hon'ble Court. (c) To declare that the 1st respondent has no authority to alter the ration 1:1 to 2:1 arbitrarily pending the rank list and after the notification.” WPC.6123/2009 : 2 : 2. The issue involved in this case is squarely covered by the decision of this Court in W.A.No.51/2010. The impact of the repeal of the old rules and the promulgation of the new special rules for the Kerala Statistics and Economics Subordinate Service was considered by the Division Bench. It was held that the vacancies have to be filled up with reference to the law applicable as on the date of occurrence of the vacancies and the same principle would apply even in the case of amendment as well as the repeal. In this case, as per the old rules, the ratio between the direct recruitment and promotion was 1:1. As per the new rules, which came into force on 20-02-2009, the said ratio has been modified to the ratio as 1:2 between direct recruitment and promotion. In the light of the judgment in W.A.No.51/2010, there can be no doubt that the vacancies in the post of Research Officer could be filled up only with due regard to the law applicable on the date of occurrence of the vacancies. Subsequently, the claim of the petitioner was considered and he was given appointment as per order No.EB(1)32673/2009/OES dated 23-01-2010. Thus, it is evident that the grievance of the petitioner has been substantially WPC.6123/2009 : 3 : redressed. However, the petitioner brings to my notice that in the order dated 23-01-2010, it is stated that the said appointment would be subject to the result of W.P(C).No.6123/2009. As the petitioner was appointed in terms of the judgment in W.A.No.51/2010, it is made clear that the appointment is in order. Therefore, the respondents are bound to make the said appointment as one on regular basis. With this observation, this writ petition is closed. (C.T.RAVIKUMAR, JUDGE) aks