IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 6017 of 2009(V) ------------------------- PETITIONER(S): --------------- 1. S.JAYAKUMAR, S/O.SUKUMARAN NAIR MADAVATHAZHATH JAYA BHAVAN, ETTUMANOOR PO KOTTAYAM, LOWER DIVISION, CLERK, GOVERNMENT HIGH SCHOOL, KARIPPOOTHTITTA, ARPOOKKARA WEST PO KOTTAYAM. 2. M.MOHANAKRISHNAN, S/O. LATE MADHAVA WARRIER, PUTHEN WARRIAM, MANARKAD PO,KOTTAYAM (PEON DISTRICT EDUCATION OFFICE, KOTTAYAM) BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENT(S): --------------- 1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY ,PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION KOTTAYAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. STANDING COUNSEL FOR KPSC SRI.ALEXANDER THOMAS SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, ALONG WITH WPC NO. 6018 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.6017 of 2009 & W.P(C).No.6018 of 2009 ----------------------------------------- Dated this the 12th March, 2009 JUDGMENT Heard Sri.Manu Govind, the learned counsel appearing for the petitioners, Sri.Alexander Thomas, the learned Standing Counsel appearing for respondents 1 and 2 and Sri.A.J.Varghese, the learned Government Pleader appearing for the third respondent. 2. The petitioners are ministerial staff of the Education Department. They are aggrieved by the delay on the part of the respondents in preparing a select list of such staff for appointment by transfer as High School Assistants. The petitioners in W.P(C).No.6017 of 2009 have sought a direction to the respondents to fill up 9 vacant posts of H.S.A (Mathematics) in Kottayam district from among the qualified ministerial staff working in that district. The petitioner in W.P (C).No.6018 of 2009 seeks a similar direction in respect of 6 vacant posts of H.S.A (Social Studies) in Kottayam district. The W.P(C).6017 & 6018/09 2 petitioners also pray that the third respondent may be directed to appoint them as High School Assistants on a provisional basis under Rule 9(a)(i) of the K.S & S.S.R till the selection process is completed. They rely on the decision of a Division Bench of this Court in W.A.No.114 of 2009 in support of the said relief. 3. The learned Standing Counsel for the Kerala Pupblic Service Commission submits that the written test for selection of ministerial staff for appointment by transfer as H.S.A (Mathematics) was held on 10.1.2009 and that the ranked list will be published expeditiously. The learned Standing Counsel also submits that a written test to select ministerial staff for appointment by transfer as H.S.A (Social Studies) was held on 7.2.2009 and the ranked list will be published expeditiously. The learned Standing Counsel further points out that in Ext. P13 judgment in W.A.No.114 of 2009, the Division Bench of this Court has clarified that the direction issued therein to appoint the petitioners in that case on a provisional basis under Rule 9(a)(i) of the K.S & S.S.R, pending preparation of W.P(C).6017 & 6018/09 3 the ranked list was issued in the peculiar facts and circumstances of the case with the observation that it should not be treated as a precedent. 4. The petitioners are persons already in service. Their grievance is that the quota reserved for ministerial staff for appointment by transfer as H.S.A has not been filled up in Kottayam district. In view of the steps taken by the Kerala Public Service Commission, the petitioners cannot have any real grievance. As regards the petitioners' claim for appointment under Rule 9(a)(i) of the K.S & S.S.R, the Division Bench of this Court has in Ext P13 judgment clarified that the direction issued therein is not to be treated as a precedent. Further, as noticed above, petitioners are not unemployed persons. They are persons already in service earning a salary and therefore, they cannot be said to be really aggrieved, if the Commission takes some time to finalise and publish the ranked list. In these circumstances, I dispose of these Writ Petitions with a direction to the Kerala Public Service Commission to W.P(C).6017 & 6018/09 4 finalise the selection process and publish the ranked lists of ministerial staff of the Education Department in Kottayam District for appointment by transfer as H.S.A (Mathematics) and H.S.A (Social Science) expeditiously and in any event before 31.12.2009. P.N.RAVINDRAN, JUDGE vgs.