IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 17266 of 2005(E) ---------------------------------------- PETITIONERS: ------------------------ 1. P.VIJAYAN, S/O.PONNAYYAN, ADUMANKADU VADAKKE VEEDU, PARASUVAIKAL P.O. NEYYATTINKARA, THIRUVANANTHAPURAM. 2. T.M.KHADER MOIDEEN, S/O.T.K.MAJEED, THIRUNALVELIKKARA HOUSE, KODAKARA P.O. TRICHUR DISTRICT. 3. NANDAKUMAR A.S. AMBALAPPARAMBIL HOUSE, MULLOORKKARA, TRICHUR DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXCISE COMMISSIONER, THRISSUR. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THRISSUR. BY GOVERNMENT PLEADER SRI. BENNY GERVASIS R2 & R5 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17266/2005 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GO.(MS) NO.194/2003/TD DTD. 18/12/2003. EXT.P2; COPY OF THE LETTER NO.XE 8-18396/04 DTD.26/07/2004. EXT.P3: COPY OF THE G.O.(MS) NO.95/04 T.D. DTD. 8/06/2004. EXT.P4: COPY OF THE LETTER NO.XE 8-18944/02 DTD. 17/09/2004. EXT.P5: COPY OF THE LETTER DTD. 14/02/2007. EXT.P6: COPY OF THE LETTER DTD. 30/03/07. /TRUE COPY/ P.S.TO JUDGE Kss P.N.Ravindran, J. =============== W.P(C).No.17266 of 2005 ================= Dated this the 30th day of January, 2008. JUDGMENT The petitioners are persons included in the ranked list for the post of Drivers (Heavy Duty Vehicle) in the Excise Department. The rank list ceased to be in force on 14.6.2005. 2. The petitioners have in this writ petition prayed for a writ of mandamus directing the respondents to report four vacancies of Driver (H.D.V.) in the Excise Department, Thrissur District on or before 14.6.2005. By an interim order passed on 10.6.2005, this Court had directed the fourth respondent - the Assistant Excise Commissioner, Thrissur to report four vacancies of Driver (H.D.V.) to the fifth respondent, so as to reach the fifth respondent on or before 14.6.2005. This Court had also directed that no advice need be made against the said four vacancies until further orders of this Court. 3. A counter affidavit has been filed on behalf of WP(C) 17266/05 -: 2 :- respondents 2 and 5 wherein it is stated that the ranked list ceased to be in force on 14.6.2005 and that all substantive vacancies reported to the Commission were honoured. It is further stated that during the currency of the rank list, the petitioners were not advised, since their turn did not arise. 4. On behalf of the first respondent - State, a counter affidavit has been filed on 16.10.2007 stating that four vacancies did not exist as contended by the petitioners and that four vacancies of Driver were reported as ordered by this Court though as a matter of fact, no vacancy existed in Thrissur District as on 14.6.2005. Since the ranked list ceased to be in force on 14.6.2005 and as there was no vacancy of Driver (H.D.V.) in the Excise Department, Thrissur, the petitioners claim is untenable. Hence, I hold that there is no merit in this writ petition and that it is liable to be dismissed. Accordingly, the writ petition fails and it is dismissed. No costs. P.N.Ravindran, Judge. ess 4/2