IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 28236 of 2007(J) -------------------------------------- PETITIONERS: ------------------- 1. SIROMANI K., D/O KOMBAYI, AGED 46 YEARS, ARAMPADAM, THATHAMANGALAM P.O., PALAKKAD. 2. SUNDARI K., W/O N.JAYAPRAKASH, AGED 39 YEARS, AKKAYAMPADAM KIZHAKKEKKARA HOUSE, KANJIRAPPUZHA P.O., PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE KERALA STATE PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008 ALONG WITH WPC NO. 4531 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) Nos. 4531 of 2006 & 28236 of 2007 -------------------------- Dated this the 7th March, 2008 J U D G M E N T Common issues arise for consideration in these writ petitions which have been heard together and therefore they are being disposed of by a common judgment. Reference is made to the facts in Writ Petition No.28236 of 2007 for the sake of convenience. The Public Service has filed a counter affidavit recently i.e. on 20.02.2008 in W.P(C) 28236 of 2007. 2. Petitioners are Angawadi Workers and they are included in the rank list for the post of ICDS Supervisors in relation to the 25% vacancies to be filled up from Anganwadi Workers. Exhibit P1 rank list was published on 26.9.2005. The cadre strength of ICDS Supervisors in the state is 1153. Therefore, 288 posts have to be earmarked for 25% vacancies to be filled up from Anganwadi Workers. Petitioners make reference to Exhibit P2 interim order passed in WP(C) No.4531/2006, which is a connected case. The contention is that all available vacancies were not reported. W.P ( C) Nos. 4531 of 2006 & 28236 of 2007 2 3. Public Service Commission has filed a counter affidavit. It is stated that rank list was brought into force on 26.9.2005. 142 persons were included in the main list and altogether 200 candidates were included in the rank list. 180 candidates were advised from the rank list and the main list stood exhausted on 23.8.2007. Remaining 109 vacancies were notified by a fresh notification dated 14.2.2008. The last date for receipt of application as per the said notification is 19.3.2008. 4. In as much as the main list has been exhausted, the supplementary list cannot be operated further. I do not find any error in the stand taken by the PSC in this regard. In so far WPC No. 4531/2006 is concerned, a detailed interim order was passed by this Court requiring the appointing authority to make up the dearth, if any, in the cadre strength of 288, in so far as the ICDS Supervisors to be appointed by promotion from among Anganwadi Workers are concerned. Government has filed an affidavit affirming that all the existing vacancies have been reported. There is no contra material to indicate that vacancies as such were not reported. W.P ( C) Nos. 4531 of 2006 & 28236 of 2007 3 5. As noted above, in the counter affidavit filed in WPC No.28236 of 2007, the Public Service Commission has made it clear that the entire vacancies which were reported were responded to, in so far as it was possible by operating the main list. Since the main list is exhausted and it not being possible to operate the supplementary list further, the remaining vacancies have been re-notified. 6. Thus, 109 vacancies in the post of ICDS Supervisors have been notified for fresh selection from among the Anganwadi Workers. There is no reason to apprehend that the PSC would delay the selection process which commenced as per fresh notification issued on 14.2.2008 In these circumstances, there is no warrant for issuing any further direction in WPC No.4531/2006. For all these reasons, these writ petitions are closed. (V.GIRI, JUDGE) ma W.P ( C) Nos. 4531 of 2006 & 28236 of 2007 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) Nos. 4531 of 2006 & 28236 of 2007 5 25th May, 2007 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.