IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Con.Case(C).No. 536 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.32884/2006 Dated 10/07/2007 .................... PETITIONER: ---------------------------- SUNIL KUMAR K., AGED 30 YEARS, S/O. KARTHIKEYAN E., KADAVIL VEEDU, KODANTHURUTHU, KUTHIYATHODU P.O., CHERTHALA, ALAPPUZHA-688 533. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT: ------------- MR. SHIVAJADAS (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PSC OFFICE, PATTOM, THIRUVANANTHAPURAM. BY SRI.ALEXANDER THOMAS, SC FOR P.S.C. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR, J. ----------------------------------------- CONT.CASE (C ) NO. 536 OF 2008-S ----------------------------------------- JUDGMENT The petitioner in Annexure-A1 judgment is the petitioner herein. This Court issued the following directions in the said judgment: “The petitioner is a candidate, included in the rank list published by the Public Service Commission on 29.04.2004 for appointment to the post of Last Grade Servant in the Kerala Water Authority. The said list expired on 28.01.2007. Before the expiry of the rank list, certain vacancies were reported by the Water Authority and certain other vacancies were reported as per the direction of this Court. The learned Standing Counsel for the Water Authority submitted that actually, 103 vacancies are available in the last grade post which arose before the expiry of the rank list and which could be filled up by Public Service Commission hands. The Public Service Commission is directed to advise candidates to those 103 vacancies, if requisition for the same has already been received by it before the expiry of the rank list, in accordance with law, within two months from the date of receipt of a copy of this judgment.” Alleging that the above direction of this Court has not been obeyed, this contempt application is filed. 2. The respondent has filed a counter affidavit, in which it is stated as follows: “It is most respectfully submitted that the 141 (103 + 38) vacancies reported by the Managing Director, KWA, vide letter dt. 24.1.07 in compliance with the interim order of the Hon'ble COC 536/2008 2 Court, included those which were reported on various dates, out of which 90 vacancies were reported before 16.10.2006 and hence apportioned to all the 14 districts as per rules. Accordingly 8 vacancies were allotted to Ernakulam district for advice from the ranked list for the post of LGS in various departments and candidates were advised from the ranked list against the said vacancies. The petitioner in the instant WP(C) Sri.K.Sunilkumar was included in the ranked list for the post of LGS in various departments in Ernakulam district as Rank No.1334 with the benefit of Dheevara community and as Dheevara candidates only up to Rank No.1328 got advised from the ranked list, his turn for advice did not arise. The vacancies allotted to other districts were also advised from the ranked list for the post of LGS (various departments) in the respective districts, except for Alappuzha, Kozhikode and Thrissur which were not advised due to expiry of ranked list in those districts before the dates of vacancy report. These vacancies were filled up from the common ranked list for the post of LGS in various Companies/Corporations/Boards published on 3.7.06. And the vacancies reported after 16.10.06 were also advised from the ranked list of LGS in various Companies/Corporations/Boards published on 3.7.06. It is thus respectfully submitted that the directions in this judgment have been complied and candidates have been duly advised as stated in the earlier paragraphs.” 3. The above statement would show that 90 vacancies were reported to the P.S.C by the Water Authority before 16.10.2006. They were apportioned to various districts and the petitioner's district, which is Ernakulam, was allotted 8 vacancies. Candidates were advised from the rank list by the P.S.C., observing communal rotation. The petitioner is a Dheevara candidate with Rank No.1334. The last Dheevara candidate advised was Rank No.1328. While advising candidates to the above 8 COC 536/2008 3 vacancies, the petitioner's turn did not arise. After 16.10.2006 vacancies in the Water Authority could be filled up only from the State-level rank list published by the P.S.C. Therefore, prima facie, there is no illegality committed by the P.S.C in advising candidates to the post of LGS. The P.S.C., prima facie, has done it in accordance with law. Accordingly, the Contempt Application is closed. The closure of the Contempt Application will not affect the right, if any, of the petitioner to challenge the decisions/orders passed by the P.S.C. 13th June, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/