IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 27300 of 2003(Y) ----------------------------------------- PETITIONER(S): ------------------------- 1. SHINI. B., 23/231, SRAVANAM, KUNNATHUNADU, PALAKKAD - 13, (WORKING AS WARDEN UNDER THE 3RD RESPONDENT). 2. RAJALAKSHMY C., POOVATHINGAL HOUSE, KAVASSERY P.O., PALAKKAD-678 543. (WORKING AS WARDEN UNDER THE 3RD RESPONDENT). BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ---------------------------- 1. THE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, PALAKKAD. 3. THE DIRECTOR, S.T. DEVELOPMENT DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27300/2003 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTIFICATION ISSUED BY THE PUBLIC SERVICE COMMISSION AS CATEGORY NO.205/96. P2: COPY OF THE ADVICE MEMO DTD. 04/04/2003 ISSUED TO THE 1ST PETITIONER. P3: COPY OF THE ADVICE MEMO DTD. 04/04/2003 ISSUED TO THE 2ND PETITIONER. P4: COPY OF THE ORDER NO.E4-6946/1995 DTD. 30/04/2003 ISSUED BY THE ADMINISTRATIVE OFFICER, S.T.DEVELOPMENT APPOINTING THE PETITIONERS AS WARDEN. P5: COPY OF THE ORDER NO.B1-937/2002 DTD. 31/05/2003 ISSUED BY THE PROJECT OFFICER, I.T.D.P., ATTAPPADY. P6: COPY OF THE REPRESENTATION DTD. 10/06/2003 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. P7: COPY OF THE ORDER NO.189/2005/G.EDN. DTD. 13/01/2005 ISSUED BY THE GOVERNMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C)No.27300 of 2003 ----------------------------------------- Dated this the 7th day of June, 2010 JUDGMENT Pursuant to Ext.P1 notification issued by the Kerala Public Service Commission the petitioners applied for appointment as Lower Division Clerk in various departments. They were selected and included in the ranked list. When their turns arose, they were advised as per Exts.P2 and P3 memos as Lower Division Clerk/Warden in the Scheduled Tribe Development Department. Thereupon Ext.P4 appointment order dated 30-4-2003 was issued appointing them as Warden in the Scheduled Tribe Development Department and the petitioners joined duty. This writ petition was filed thereafter seeking a direction to the Kerala Public Service Commission to cancel Exts.P2 and P3 advise memos and to issue fresh advise memos so that the petitioners can seek appointment as Lower Division Clerk in departments other than the Scheduled Tribe Development Department. 2. The petitioners were advised on 4-4-2003. The order of appointment was issued on 30-4-2003. With their advice, their names stood deleted from the ranked list. It was only after the petitioners W.P(C)No.27300 of 2003 -:2:- joined duty pursuant to Ext.P4 appointment order that this writ petition was filed seeking a direction to the Kerala Public Service Commission to issue fresh advise memos. It is brought to my notice that the probation of the petitioners in the category of Warden has been declared as satisfactorily completed and that they have been promoted to higher posts. In such circumstances I am of the opinion that at this distance of time the petitioners cannot seek or be granted the reliefs prayed for in this writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C)No.27300 of 2003 ---------------------------- JUDGMENT 7th June, 2010