IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 1009 of 2010(A) ------------------------- PETITIONER(S): --------------- 1. SHINE H.PALLATH, SECOND GRADE OVERSEER, GURUVAYOOR MUNICIPALITY, RESIDING AT PALLATH HOUSE, CONVENT ROAD-I, THOTTAKATTUKARA.P.O, ALUVA-683 108. 2. SURESH.K.G, SECOND GRADE OVERSEER, THIRUVANANTHAPURAM CORPORATION, RESIDING AT SURESH BHAVAN, KOLLODU.P.O, MALAYINKIL, THIRUVANANTHAPURAM-695 571. BY ADV. SRI.MURALI PURUSHOTHAMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, III-FLOOR REVENUE COMPLEX, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695 033. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM.P.O, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN -R1 AND R2 ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 1009 OF 2010 -------------------------------------------- Dated this the 18th day of February, 2010 JUDGMENT The petitioners are working as Second Grade Overseers under the Kerala Local Self Government Engineering Subordinate Service. This Writ Petition is filed challenging Ext.P5 notification to the extent it incorporates Part-II for appointment by transfer of Assistant Engineer/ Assistant Town Planning Officer in the Local Self Government Department (for short “LSGD”) and also to the extent it omits appointment by direct recruitment to the 10% posts of Assistant Engineer/Assistant Town Planning Officer in LSGD earmarked for direct recruitment from among members in the Kerala Local Self Government Subordinate Service. 2. An affidavit has been filed by the third respondent. Paragraphs 3 to 5 of the affidavit read thus: W.P.(C)NO. 1009/2010 2 “3. It is submitted that as per Rule 3 Note (1) of the Special Rules appointment by direct recruitment and by transfer shall be made in the ratio 6:4 and as per Note (3), out of the 60% of the posts for direct recruitment 10% shall be filled by direct recruitment from among the Members in the LSGD Subordinate Service. 4. It is submitted that the mistake occurred in the notification is that the nine vacancies set apart for departmental candidates in the Direct recruitment was notified for selection in the By transfer Category. The fact is that the 10% of the vacancies i.e. 9 (nine) vacancies reported by the appointing authority pertains to the departmental candidates and is included in the 60% of the vacancies for direct recruitment. As pointed out by the petitioners in the Writ Petition “By Transfer” recruitment does not come within the purview of the KPSC. This inadvertent error happened due to oversight while preparing the notification. 5. The Chief Engineer LSGD has informed this office regarding the error in the notification vide his letter dt. 6-1-2010. Steps are being taken in this regard to publish an Erratum Notification.” 3. It is evident from the statements made in the affidavit that the respondents admit the fact that an error has crept in, in the notification and that an erratum notification is essential. It is also stated in the affidavit that steps are being taken by the Public Service Commission to publish an erratum notification to correct the mistakes that have crept in the W.P.(C)NO. 1009/2010 3 notification due to oversight while preparing the same. The statements, as extracted above, are recorded. The Public Service Commission shall take appropriate steps, as suggested in the affidavit, expeditiously. The Writ Petition is accordingly closed. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C)NO. 1009/2010 4 C.T. RAVIKUMAR, J. W.P.(C) NO. 1009/2010 JUDGMENT 18th February, 2010