IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WA.No. 1204 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34786/2004 Dated 18/10/2006 .................... APPELLANT(S): RESPONDENTS 2 & 3: --------------------------------------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD. BY ADV. MR.ALEXANDER THOMAS,SC,KPSC RESPONDENT(S): PETITIONER & IST RESPONDENT: ------------------------------------------------------------------------------ 1. KRISHNAN.P., AGED 40 YEARS, AMBU CHETTIAR, GIRI HOUSE, NELIRAJE POST, CHENGALA VIA, KASARAGOD. 2. THE DISTRICT CO-OPERATIVE BANK, KASARAGOD, REP. BY GENERAL MANAGER. R1 BY ADV. MR.P.NARAYANAN R2 BY ADV. MR. P.C. SASIDHARAN, SC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.A.No.1204 of 2007 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of February, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.This appeal is by the Kerala Public Service Commission and its District Officer. 2.The first respondent filed the writ petition claiming that he is entitled to be appointed as driver in the service of the second respondent District Co-operative Bank on the premise that on account of the occurrence of a vacancy in the cadre of drivers, the bank was bound to report such vacancy and the PSC was bound to advise accordingly. 3.At the stage of admission of the writ petition, an interim order was issued directing the bank to WA1204/07 -: 2 :- report four vacancies. That was done. Obviously, that was to get over any possible situation where available vacancy is not reported during the currency of a list. 4.However, at final hearing, it is clearly noted on the basis of the pleadings on record that there was no room for any appointment from the list that was in force at the time the writ petition was filed. However, after dismissing the writ petition, the learned single Judge directed that if the bank proposes to purchase any vehicle and if any post of driver arises in the bank, the writ petitioner shall be appointed to that post without considering the expiry of the rank list. 5.The rank list came into force with effect from 20.11.2002 and its validity expired on 19.11.2005. The judgment itself was issued only on 18.10.2006. 6.With the aforesaid, the bank had also filed a writ appeal which has since been withdrawn on the WA1204/07 -: 3 :- premise that the bank has purchased a vehicle. That does not, however, improve the situation in favour of the writ petitioner because in terms of the law, there could not have been any direction to appoint a person against a vacancy which arose after the rank list expired. No direction could have been issued to appoint "without considering the expiry of the rank list". Therefore, we are of the clear view that the direction contained in the last sentence of the last paragraph of the impugned judgment is unsustainable. The same is liable to be vacated. In the result, this writ appeal is allowed vacating the last sentence of the last paragraph of the impugned judgment. No costs. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/1602