IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2601 of 2008(I) ------------------------- PETITIONER: ------------ CHANDRALAL, ADVOCATE, T.C.66/1993, CHANDRALAYAM, KOLIYOOR, MUTTACAUDE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL SRI.P.SADANANDAN RESPONDENTS: ------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM,THIRUVANANTHAPURAM. 2. THE LAW SECRETARY, LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).2601/2008 -------------------- Dated this the 24th day of January, 2008 JUDGMENT Petitioner is an advocate practicing at Thiruvananthapuram. Pursuant to Ext.P1 notification, he applied for the post of Legal Assistant Grade-II in the Law Department. As per the special rules applicable to the post, 50% of the vacancies for the Legal Assistant Grade- II in the Law Department is to be filled up by direct recruitment and appointment from Assistant Tamil Translators and Assistant Kannada Translators. Petitioner has no grievance regarding that aspect. Petitioner submits that the other 50% of the vacancies is to be filled up in the manner specified in the sub clauses (ii), (iii) and (iv) of the special rules. This includes appointment or promotion from any other category in Kerala Secretariat Subordinate service or transfer from any category in any Department under the Government or in the service of the High Court of Kerala. Petitioner submits that the departmental candidates should also be selected through the PSC. Apparently this suggestion was made by the then W.P.(C).2601/2008 2 Law Secretary under Ext.P2 and PSC had affirmed its willingness to undertake the selection for the entire vacancies in the post of Legal Assistant Grade-II. Petitioner further submits that the process for amendment to the Kerala Secretariat Service Rules enabling selection of departmental candidates also to the PSC was actually formulated several years back. But even now amendment has not been carried out. Petitioner submits that a single agency must be entrusted with the task of conducting selection to the post. PSC is entrusted with the selection of 50% of the vacancies, which have to be filled up by direct recruitment. But another agency is entrusted with the task of filling up the vacancies in the remaining 50%. 2. In my view, petitioner cannot have any grievance as regards the method of filling up of 50% of the vacancies by departmental candidates. Petitioner is only an aspirant for the post by direct recruitment. Mode of appointment by promotion is in conformity with the W.P.(C).2601/2008 3 Special Rules. I am of the view that this Writ Petition is misconceived and bereft of merit. Writ petition is accordingly dismissed. V.GIRI, Judge mrcs