IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 24224 of 2003(H) -------------------------------------- PETITIONERS: -------------------- 1. RAJEEVAN PILLAI M.R., S/O. K.RAGHAVANPILLAI M.R., JR.EMPLOYMENT OFFICER, EMPLOYMENT INFORMATION AND ASSISTANCE BUREAU, PAYYANNUR P.O., KANNUR DISTRICT. 2. B.MALLIKA, W/O. K.M.RAVI, JUNIOR EMPLOYMENT OFFICER,TOWN EMPLOYMENT EXCHANGE BALUSSERY P.O., KOZHIKODE DISTRICT. BY ADV. SRI.N.K.SUBRAMANIAN RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LABOUR EMPLOYMENT AND TRAINING GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND REHABILITATION (G) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. THE DIRECTOR, EMPLOYMENT TRAINING, NATIONAL EMPLOYMENT SERVICE (KERALA), THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SRI.NANDAKUMAR ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).24224/2003-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER BEARING NO.J1/13432/02/DE DATED 07/06/02, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS. EXT.P2: COPY OF THE GAZETTE NOTIFICATION DATED 22/07/97 ISSUED BY THE 3RD RESPONDENT NOTIFYING THE VACANCIES. EXT.P3: COPY OF THE RANK LIST VIDE LETTER NO.343/2002/SSIV WITH EFFECT FROM 28/09/02 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE ORDER BEARING NO.J1/47189/96/DE DATED 20/03/03 ISSUED BY THE 4TH RESPONDENT TO APPOINTEES. EXT.P5: COPY OF THE CIRCULAR ISSUED BY THE CHIEF SECRETARY TO GOVT. BEARING NO.127/35/SD4/82/GAD DATED 25/01/1983. EXT.P6: COPY OF THE CIRCULAR ISSUED BY THE SECRETARY, PERSONAL AND ADMINISTRATIVE REFORMS (ADVICE DEPARTMENT) BEARING NO.4441/ADV-03/97/P2 ARD DATED 21/03/97. EXT.P7: COPY OF THE CIRCULAR BEARING NO.1634/ADV.C3/99/P2 ARD DATED 18/02/99 ISSUED BY THE CHIEF SECRETARY TO GOVT. EXT.P8: COPY OF LETTER BEARING NO.2862/G/03/LABOUR DATED 10/07/03 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P9: COPY OF THE ORDER BEARING NO.J1/16200/03/DE DATED 16/05/03 ISSUED BY THE 4TH RESPONDENT TO OFFICE HEADS. EXT.P10: COPY OF THE ORDER OF THE HONOURABLE COURT IN CMP.60439/02 IN O.P. NO.35739/02 DATED 20/01/03. EXT.P11: COPY OF THE ORDER OF THE HONOURABLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO.7537 OF 1999 DATED 15/01/2002. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ V. GIRI, J. ------------------------------- WP(C).NO.24224 of 2003 --------------------------------- Dated this the 28th day of July, 2008. JUDGMENT Substantial challenge in the writ petition is against the proposal of the 4th respondent to revert the petitioners from the post of Junior Employment Officer. By an interim order passed on 30.7.2003 it was made clear that the reversion will be subject to the result of the writ petition and in case the petitioners succeed, they will be entitled to all consequential benefits. 2. A counter affidavit has been filed on behalf of the Government. Paragraph 9 of the counter affidavit reads as follows:- “ The 4th respondent will report all existing vacancies of Junior Employment Officers to the 3rd respondent in the ratio 1:3 as contemplated in the amendment to the Special Rules vide G.O. (MS)37/73/LBR dt.11.7.1973, subject to the Government policy of deployment/abolishment of posts in the Department. The allegation of the petitioner that lot of vacancies to the post of WPC.24224 /2003 2 Junior Employment Officers are lying vacant is baseless, incorrect and contradictory to the argument made in para-9. The 4th respondent has already reported the vacancy to the third respondent. As and when vacancies arise the 4th respondent is bound to report the same to Sublic Service Commission, so as to keep the ratio of 1:3 as contemplated in the Special Rules vide G.O.(MS)37/73/LBR dated 11.7.1973. Hence the action of the 4th respondent is not violative of Articles 16 and 19 of the Constitution of India as alleged by the petitioners. “ 3. The above submission is recorded. In the result, the writ petition is disposed of directing the 4th respondent to maintain the quota as prescribed in the special rules and effect appointment of Junior Employment Officer accordingly. V. GIRI, JUDGE. Pmn/ WPC.24224 /2003 3