IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16671 of 2008(I) -------------------------- PETITIONER: ------------ P.SALINA, AGED 38,W/O E.B. SHIVANANDAN, RESIDING AT KONDETH HOUSE, PANANGAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAL THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA BY STANDING COUNSEL SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO.16671 of 2008 --------------------------------- Dated this the 6th day of June, 2008 JUDGMENT The petitioner is a B.Tech (Civil) Graduate. He was included in the rank list published by the PSC on 27.6.2003 for the post of Assistant Town Planner/Assistant Engineer Grade II in the Municipal Common Service. Apparently, during the currency of the selection process the Special Rules relating to the post was amended. But several persons who were included in the rank list had complained that vacancies in the post available for direct recruits which accounted for 60% of the cadre strength were deliberately not being filled up as it was filled up by promotees on adhoc promotion in excess of the quota ear marked. The matter was pending before this court and by Ext.P3 judgment a Division Bench of this court had issued the following direction: “ The counter statement filed by the department reveals that the cadre strength was 100 but it was not clear whether it was with reference to the said date. But it is revealed there were no direct recruits as on the date of promulgation of amendment to the special rules. Therefore, a direction is issued to the Director to ascertain the real strength of Assistant Engineers in Municipal Common Service as on 8.8.2001 and send a report to the Public Service Commission to advice candidates to the extend of 60% of the cadre strength so assessed, from out of the list in question. Thereupon the PSC shall advice WPC.16671 /2008 2 that much candidates following the rules of rotation from the list prepared and published on 27.6.2003 pursuant to the recruitment notified on 8.6.1999 to the post of Assistant Engineers in Municipal Common Service. This exercise shall be completed by the Director, at any rate within 6 weeks from the date of receipt of a copy of the judgment. Until then the status quo as on today shall continue as to the reversions that may occur on account of this controversy. Going by the above pronouncement W.P.C.No.32864/2003 shall also attain its finality subject to the keeping in abeyance of reversion as mentioned above. “ 2. The present writ petition is filed with a grievance that inspite of the directions of the Division Bench the cadre strength was not assessed properly and steps have not been taken to fill up the vacancies from the rank list. 3. In my view since the petitioner was also a party to Ext.P3 judgment, this court can only proceed on the premise that the parties viz. the petitioner, Government and the PSC are bound by the directions issued by the Division Bench in Ext.P3 judgment. Accordingly, the writ petition is disposed of holding that the parties in Ext.P3 judgment are bound to act in accordance with the directions issued by this court. V. GIRI, JUDGE. pmn/ WPC.16671 /2008 3