IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 307 of 2009(J) ----------------------------------- PETITIONER: ------------------- SHEELA.K.P., AGED 38, W/O.BABY, KAVARA HOUSE, IRUMPANAM P.O., ERNAKULAM. BY ADV. MR.R.KRISHNAKUMAR (CHERTHALA). RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KSEB, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY MR.ASOK M.CHERIYAN, SC, KSEB, R3 BY MR. ALEXANDER THOMAS, S.C, KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.307/2009-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COUNTER AFFIDAVIT FILED BY THE R.1. IN O.P. NO. 31516/2001 OF THIS HONOURABLE COURT. EXT.P.2: COPY OF THE ORDER DT. 31/07/02 IN CMP.NO.29296/2002 IN O.P. NO. 17196/2002 OF THIS HONOURABLE COURT. EXT.P.3: COPY OF THE ADVICE MEMO ISSUED BY THE PSC TO THE PETITIONER DT. 18/12/2003. EXT.P.4: COPY OF THE ORDER DT. 28/01/2004 ISSUED BY THE R.1. EXT.P.5: COPY OF THE JUDGEMENT DT. 03/03/2004 IN O.P. O. 4350/2004 OF THIS HONOURABLE COURT. EXT.P.6: COPY OF THE ORDER DT. 19/06/2004 ISSUED BY THE R.1. EXT.P.7: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE PUBLIC GRIEVANCE REDRESSAL CELL OF CM DT. 18/30/2008. EXT.P.8: COPY OF THE COVERING LETTER ALONG WITH THE ORDER DT. 30/07/2008 ISSUED BY THE R.1. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO.307 OF 2009 ............................................ DATED THIS THE 14TH DAY OF JANUARY, 2010 JUDGMENT The petitioner was a candidate, who was included in the rank list, prepared by the PSC for appointment to the post of Sub Engineer (Civil) in KSEB. Pursuant to a written test and interview, the PSC published a rank list in which the petitioner was Rank No.262. There was an original petition, O.P.31516 of 2001, in which this court had passed an interim order on 30.1.2002 directing the first respondent to report all the non-joining vacancies to the third respondent. Accordingly 17 NJD vacancies were reported and appointments were made to the said vacancies, in compliance with the interim order of this court. The case of the Board is that though appointments were made in compliance with the order of this court, there were actually no such vacancies because of the paucity of civil work in KSEB. According to the Board, 320 candidates are working against the available number of 142 posts. In view of the above position, though the petitioner and others were permitted to join duty, they were retrenched for want of Wpc 307/09 2 vacancies. At present, they claim regular appointment. 2. As per judgment dated 23.10.2009, this court has finally disposed of a similar writ petition, WP(C)12176 of 2008. This court has noted in the said judgment that in view of the non availability of vacancies for persons like the petitioner, appointment could be claimed by such persons only as and when posts are sought to be filled up through direct recruitment. In the above circumstances, this writ petition can also be disposed of with a similar direction. 3. In view of the above, this writ petition is dismissed. However, this judgment does not stand in the way of the petitioner claiming appointment as and when vacancy arises in direct recruitment quota. K.SURENDRA MOHAN, JUDGE lgk