IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 31738 of 2009(J) -------------------------- PETITIONER(S): ------------------- 1. SHAJI ALOKKAN, LAKSHMI NIVAS, POVENGAD, VIA. ANJARAKANDY, KANNUR DISTRICT. 2. VIJESH T.C., MEENOTH HOUSE, KIZHUNNA P.O., KANNUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------- THE ASSISTANT EXCISE COMMISSIONER, KANNUR. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 31738 OF 2009 (J) ===================== Dated this the 19th day of November, 2009 J U D G M E N T Petitioners submit that they have been included in the ranked list for the post of Excise Guard in Kannur District. According to them, although by Exts.P1 and P2 of 16/9/09, they have been advised by the PSC, they are not appointed. It is stated that the reason thereof was an order of stay passed by this Court, which has since been modified by Ext.P3 order. It is in these circumstances, the writ petition has been filed praying that the respondents should be directed to appoint the petitioners as Excise Guards pursuant to the advice memos issued by the PSC. 2. Learned Government Pleader has obtained instructions in the matter. It is stated that subsequent to the issue of advice memos, when stay order was passed by this Court, PSC required the respondents not to proceed with the advise. It is stated that after the stay order was modified, PSC has recalled the advise and the respondent is awaiting fresh advise of candidates for appointment. 3. If this be the situation, the Deputy Excise WPC 31738/09 :2 : Commissioner, the appointing authority cannot be faulted for not issuing appointment orders to the petitioner. Now that the stay has been modified as above, it is upto to the petitioners to pursue before the PSC and get them advised. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp