IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Con.Case(C).No. 135 of 2010(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.19382/2009 Dated 22/07/2009 .................... PETITIONER(S): FIRST PETITIONER IN WPC. --------------------------------------- RESMI N.S, AGED 34 YEARS, W/O.V.R. VIJAYAKUMAR, NAVABHAVAN, POOZHICKAD,KUDASSANAD PO.,PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): RESPONDENT 1 IN WPC ---------------------------------- DR.A.R.AISHABAI, AGED 52 YEARS, FATHER'S NAME NOT KNOWN, DISTRICT MEDICAL OFFICER (HEALTH), PATHANAMTHITTA. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- Contempt Case (C)No.135 of 2010 ---------------------------- Dated 6th April, 2010 JUDGMENT Heard Sri.K.Shaj, learned counsel appearing for the petitioner and Smt.Anu Sivaraman, learned Senior Government Pleader appearing for the respondent. 2. By the judgment delivered on 22.7.2009, this Court disposed of W.P.(C)No.19382 of 2009 with a direction to the Kerala Public Service Commission to advice candidates against the vacancies reported by the District Medical Officer of Health, Pathanamthitta in his letters dated 22.4.2009, 6.7.2009 and 9.7.2009 respectively. There was a further direction to the District Medical Officer of Health, to report other available vacancies, if any, of Staff Nurse to be filled up by direct recruitment, that arise during the currency of Ext.P1 ranked list, to the Kerala Public Service Commission before the expiry of the ranked list. This contempt case is filed alleging that though vacancies of Staff Nurse existed in Pathanamthitta District, the District Medical Officer of Health failed to report such vacancies to the Kerala Public Service Commission. 3. The respondent has pursuant to the directions issued by this Court filed a statement dated 25.3.2010. Paragraphs 5 and 6 COC.No.135/2010 2 thereof read as follows: “5. As ordered by this Honourable Court in Judgment in W.P.(C)No.19382/2009 filed by Smt.Resmi N.S. and other all the vacancies including vacancy created by supernumerary posts had been reported to Kerala Public Service Commission, Pathanamthitta as follows: 21 vacancy of Staff Nurse reported to P.S.C vide requisition from this office and P.S.C. advised 21 candidates vide PTA VI(I) 2665/05 KPSC PTA dated 28.4.2009 (10 candidates) and vide PTA (VI (I) 2565/05/KPSC PTA dated 8.7.2009 (11 candidates) and posting orders already issued to these 21 candidates. After that, on 20.9.2009 one (1) non Joining Duty vacancy occurred on extension of joining time reported to K.P.S.C., Pathanamthitta as per letter No.A1-10589/07 dated 20.9.2009 and KPSC advised one candidate vide PTA VI (I) 2665/05 KPSC, PTA dated 9/2009 and posting orders issued. Again on 14.10.2009 six vacancies reported to KPSC, Pathanamthitta vide A1-10589/07 dated 14.10.2009 and PSC advised six candidates vide PTA VI(I) 2665/05/KPSC dated 19.11.2009 and posting orders issued to the candidates also. Again on 12.1.2010, 6 supernumerary posts created in Pathanamthitta District due to the unification of date of retirement had been reported to KPSC, Pathanamthitta vide Lr.NO.A1-12517/09 dated 12.1.2010 and PSC advised 6 candidates vide Lr.No.PTA VI(I) 2665/05/KPSC, PTA dated 22.1.2010. By that time six open vacancies occurred due to non joining duty as well as leave vacancies. Hence the six candidates advised against the supernumerary posts reported have been given appointment against the above said six open vacancies since as per rules seniors should be adjusted against open vacancies. But while reporting vacancies to PSC, the nature of vacancies also should be mentioned. Actually the supernumerary vacancies due to unification of retirement age occurred only 6. Requisition was already made against the above 6 vacancies and COC.No.135/2010 3 advice also made by the PSC. Hence, again the vacancies cannot be reported to PSC showing the nature of vacancy as supernumerary. Hence the 6 vacancies occurred after reporting 6 supernumerary vacancy on 12.1.2010 reported to PSC on 10.2.2010 showing the nature of vacancy as NJD and leave vacancies. As and when advice is received from the PSC the appointment orders will be issued. As stated earlier, as per rules seniors should be adjusted against open vacancies the vacancies now exist are the above mentioned 6 supernumerary vacancies. On receipt of advice from the PSC against the reported vacancies on 10.2.2010, the candidates will be given posting against supernumerary vacancies. No other vacancies existing now. 6. I may inform that 131 candidates have been given posting from the rank list. I also inform that all the arising vacancies of Staff Nurses will be reported to KPSC, Pathanamthitta as per rules as and when it arises.” The statement filed by the respondent discloses that the respondent has reported all available vacancies including Non Joining Duty vacancies to the Kerala Public Service Commission. I am therefore satisfied that no grounds have been made out to entertain this contempt case. It is accordingly closed. P.N.RAVINDRAN Judge TKS