IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WA.No. 1040 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30661/2008 Dated 05/04/2011 .................... APPELLANT(S): PETITIONERS IN THE W.P.(C) ---------------------------------------- 1. MANJUSHA T.N., NIKARTHIL HOUSE, POONTHOPPU WARD, AVALAKKUNNU P.O., ALAPPUZHA DISTRICT. 2. ARUN KUMAR R.C., KUTTIPARAMBU HOUSE, VETTIYAR SOUTH, MANKAMKUZHI P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 3. SURESH KUMAR A.P., ANJILICHIRA HOUSE, C.M.C.23, CHERTHALA P.O., ALAPPUZHA DISTRICT. 4. ANIL KUMAR.P., S/O.V.PEETHAMBARAN, "ANILNIVAS", MUTHUKULAM SOUTH P.O., ALAPPUZHA DISTRICT. 5. AMUTHA V.S., D/O.VISWAMBARAN, "ARADHANA", PALLANA P.O., THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): RESPONDENTS -------------------------- 1. SECRETARY TO GOVERNMENT, HEALTH FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), ALAPPUZHA. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ALAPPUZHA. 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 & R5 BY SR.GOVT.PLEADER SMT.K.MEERA R4 BY SC FOR KPSC SRI.P.C.SASIDHARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1040 of 2011 ---------------------------------------------- Dated this the 27th day of July, 2011 JUDGMENT Ramachandra Menon, J. The appeal arises from W.P(C).No.30661 of 2008 preferred by the appellants seeking appointment from a rank list expired years ago. 2. The appellants participated in the process of selection for appointment to the post of Junior Health Inspectors Grade-II in the Health and Family Welfare Department of the Government of Kerala. On completion of the selection process, the rank list was brought into force with effect from 20th December, 2001. Since nobody was appointed from the rank list, some of the aggrieved persons, not successful in getting appointment, despite inclusion in the rank list approached this Court by filing O.P.No.13442 of 2003, which culminated in Exhibit P1 judgment, the operative portion of which has been extracted in the impugned verdict. We also reproduce the same for easy reference as given below: WA.1040/11 2 “There will be a direction to the State and the concerned appointing authorities in the Districts to take steps to fill up the posts of Junior Health Inspector Grade-II by way of promotion/transfer. This shall be done within a period of one month from today. After the said period of one month, the remaining vacancies shall be reported to the Public Service Commission within a period of two weeks thereafter. Within one month thereafter, the Public Service Commission will issue advice memos against the vacancies thus reported and the candidates thus advised will be appointed within a month thereafter”. 3. Pursuant to the above verdict, on 1.4.2005 50 vacancies were reported when only 36 persons remaining in the rank list. Some of the rank holders filed cases before this Court, leading to Exhibit P2 judgment directing the State to consider the said petitioners under Rule 39 of the KS & SSR. Thereafter the 5th appellant herein filed a representation before the Government seeking for the benefit of the said verdict already passed by this Court and to give appointment, which was not considered by the Government. This led to W.P(C).No. 13319 of 2006, which was disposed of as per Exhibit P4 judgment in the following manner: WA.1040/11 3 “5. In my opinion the case of the petitioners has become weak by lapse of time. If it was only a question of resolving the dispute relating to vacancy position, I would have embarked on such an enquiry and determined the rights asserted by the petitioners. But, I find from the very judgment which has been relied on by the petitioners, that is Ext.P3, that the learned Judge had cautiously incorporated the rider that the liberty or concession granted to the petitioners in Ext.P3 judgment shall be confined to them only and that none who would pursue their claims after the expiry of the ranked list will be given similar benefits. 6. I think, for the above reason the Petitioners do not appear to be correct in their contention that they are entitled to a similar verdict, merely on the ground that their names also found a place in the very same rank list. The petitioners have knowcked at the doors of this Court very late, and on that ground alone, reliefs will have to be declined to them. Accordingly, these writ petitions are dismissed.” 4. The Government, in the meanwhile, pursuant to the earlier verdict passed by this Court, passed Exhibit P5 order, whereby the petitioners in Exhibit P2 judgment were directed to be appointed. In the said circumstances, the appellants and WA.1040/11 4 others filed W.A.Nos. 851, 852 and 853 of 2007 before this Court, which culminated in Exhibit P6 judgment, recording the submission of the appellants that they were intending to approach the Government for invoking Rule 39 of the KS & SSR. It was thereafter that they filed Exhibit P7 representation before the Government, which, in turn, was rejected as per Exhibit P8 order. Aggrieved by Exhibit P8 order, the appellants filed W.P(C). No.30661 of 2008, wherein the impugned verdict has been passed. 5. After considering the matter in detail, it was observed by the learned Single Judge that though the case of the appellants deserved sympathy, there was callous inaction on their part in approaching this Court and that the earlier verdict clearly confined the benefit only to those persons who chose to approach this Court on time, making it clear that the benefit noted in Exhibit P2 will not be extended to any person who approached this Court after the expiry of the rank list. We find that the said judgment is a self-contained one and is no more liable to be reopened in any manner. Admittedly, the appellants WA.1040/11 5 herein approached this Court only much belatedly. The rank list which was brought into force in the year 2001 had expired long back. In such circumstances, no relief can be extended to the appellants. The findings and the reasoning given by the learned Single Judge do not warrant any interference. The appeal fails and the same is dismissed accordingly. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs