IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 11715 of 2010(L) -------------------------- PETITIONER(S): ---------------------- 1. SABU.A., UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE, THIRUVANANTHAPURAM. 2. M.ABDUL BARI, UPPER DIVISION CLERK RGIONAL TRANSPORT OFFICE, PATHANAMTHITTA. 3. SAJEEV.M.R., UPPER DIVISION CLERK OFFICE OF THE DEPUTY TRANSPORT COMMISSIONER, THRISSUR. 4. BINU GEORGE, UPPER DIVISION CLERK SUB REGIONAL TRANSPORT OFFICE, KOTTARAKKARA. 5. SABEER MUHAMMED.C.P. UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE, KANNUR. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------------ 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN-695004. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 3. TRANSPORT COMMISSIONER, HEAD OFFICE, MOTOR VEHICLES DEPARTMENT, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695014. GOVERNMENT PLEADER SRI.ANTONY MUKATH FOR R3 SRI.ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11715/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE GO(P) NO.16/2008/TRAN DT 7.4.2008. EXT.P2: TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 1.7.09. EXT.P3: TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER DT 24.8.09. EXT.P4: TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER DT 30.10.2009. EXT.P5: TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH PETITIONER DT 28.10.2009. EXT.P6: TRUE COPY OF THE LETTER NO.A3/12839/TC/2008 (i) DT 19.7.2008. EXT.P7: TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION FOR THE POST OF ASSISTANT MOTOR VEHICLES INSPECTOR. EXT.P8: TRUE COPY OF THE LETTER NO.A3/12839/TC/2008 DT 22.2.2010. EXT.P9: TRUE COPY OF GO(RT) NO.02/2010/TRAN DT 1.1.2010. EXTS. OF R3 ANNEXURE A: TRUE COPY OF THE LR.NO.A3/12839/TC/2008 DT 10.6.2010 TO PSC. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 11715 OF 2010 (L) ===================== Dated this the 2nd day of August, 2010 J U D G M E N T The issue raised in this writ petition is regarding the claim of the petitioners to be appointed by transfer to the post of Assistant Motor Vehicles Inspector. They rely on Ext.P8 communication issued by the Transport Commissioner to the PSC requesting for cancellation of reporting of 18 vacancies on the ground that there are internal candidates qualified to be appointed by transfer to the post of Assistant Motor Vehicles Inspector. This Court by order dated 8/4/2010 directed the PSC to take a decision on Ext.P8 and it is now reported that the PSC has considered Ext.P8 and decided to cancel the requisition for direct recruitment. 2. In view of the said development, the vacancies in question will have to be filled up from internal candidates resorting to by transfer appointment. Therefore, the writ petition is disposed of directing the 3rd respondent to take steps to fill up the vacancies in the category of Assistant Motor Vehicles Inspector by appointing internal WPC No. 11715/10 :2 : candidates in the by transfer method. This shall be done within four weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp