IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 RP.No. 247 of 2005(E) ------------------------------- AGAINST THE JUDGEMENT Dated 28/07/2004 IN OP.21469/2001. AGAINST THE JUDGEMENT Dated 16/12/2004 IN WA.2165/2004 . .................... REVIEW PETITIONER(S): PETITIONERS: ------------------------------------ 1. V.ARAVINDAKSHAN, NEDUMPARAMBIL HOUSE, SOUTH ARYAD, ALAPPUZHA DIST. 2. MAYA P., GOKULAM, KALARKODE, ALAPPUZHA DISTRICT. 3. GEETHA P., NOOPURAM, M.O. WARD, ALAPPUZHA DISTRICT. BY ADV. MR.S.KRISHNAMOORTHY RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE DIRECTOR OF INSURANCE MEDICAL SERVICE, DIRECTORATE, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR, INSURANCE MEDICAL SERVICE, ERNAKULAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ALAPPUZHA. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN R3 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.N.RAVINDRAN, J. --------------------------------------- R.P.No.247 of 2005 in O.P.No.21469 of 2001 ---------------------------------------- Dated 31st July, 2009 ORDER Heard Sri.S.Krishnamoorthy, the learned counsel appearing for the review petitioners, Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 and 2 and Sri.Alexander Thomas, the learned standing counsel appearing for the third respondent. 2. This review petition is filed relying on the interim order passed by this Court on 24.7.2001 on C.M.P.No.34923 of 2001 in O.P.No.21469 of 2001. The interim order reads as follows: “There will be a direction to the 1st respondent to file a statement within two weeks as to the date of notification, number of vacancies notified and number of vacancies reported as also the availability of vacancies in the light of Ext.P2. The statement shall be filed within three weeks. Post for disposal of O.P. after 3 weeks. Only for the reason that the list is expiring on 27.7.2001 there will be a direction to respondents 1 and 2 to see that 21 vacancies are reported to the P.S.C. on or before 26.7.2001. There will be a further direction to the P.S.C. not to advise any R.P.No.247/2005 2 candidates for appointment from the said report, until further orders from this court.” 3. The petitioners are candidates included in the ranked list published by the Kerala Public Service Commission on 28.7.1998 for the post of Pharmacist Grade II in the Insurance Medical Services Department, Alappuzha District. The ranked list ceased to be in force on 27.7.2001. The original petition was filed on 20.7.2001 contending that vacancies which are available in Alappuzha District have not been reported. In the counter affidavit filed in the original petition on behalf of respondents 1 and 2 it is stated that the cadre strength of Pharmacist Grade II in the Insurance Medical Services Department in Alappuzha District is only 21, that all the posts are now occupied and that there is no vacancy. It is stated that even on the date on which the ranked list expired there was no vacancy available to be reported to the Kerala Public Service Commission. The counter affidavit was filed on 28.7.2004. It was based on that statement that the original petition was dismissed by judgment delivered on 28.7.2004. The petitioners have not produced any material to show that vacancies existed prior to the expiry of the ranked list. R.P.No.247/2005 3 In any case, there is no material to show that there were vacancies in Alappuzha District against which the petitioners could have been advised and that such vacancies were available before the expiry of the ranked list. The observations in the interim order passed on 24.7.2001, cannot therefore be relied on to contend that 21 vacancies were in existence prior to the expiry of the ranked list. I therefore find no merit in this review petition. The review petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS