IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 37781 of 2008(W) -------------------------- PETITIONER(S): --------------- 1. VIVEK BHASKARAN.M, KRISHNAPURI, KOZHAMMAL.P.O, KANNUR DISTRICT-670 522. 2. BALAKRISHNAN.O.K, ODAMVALAPPIL HOUSE, KARUVANCHAL.P.O, ALAKODE(VIA),KANNUR DISTRICT- 670 571. 3. SINDHU.T, W/O.RATHEESH.P, CHOORAL MATHIL.P.O, PAYYANNUR (VIA), KANNUR DISTRICT-670343. 4. GIRISH KUMAR.K, S/O.NARAYANAN.K, KUNDENVAYAL HOUSE, NEAR CHEERAMKAVU, NILESHWAR. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): --------------- 1. KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY. PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD. 3. THE DIRECTOR, OFFICE OF THE DIRECTORATE OF CIVIL SUPPLIES, PUBLIC OFFICE, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, PWD ADMINISTRATION, OFFICE OF THE CHIEF ENGINEER, PWD ADMINISTRATION, THIRUVANANTHAPURAM. 5. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, HOUSE BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM. 6. THE SUPERINTENDING ENGINEER, IRRIGATION, NORTH CIRCLE, CIVIL STATION, KOZHIKODE. 7. THE DIRECTOR OF INDUSTRIES & COMMERCE, INDUSTRY & COMMERCE DIRECTORATE, VIKAS BHAVAN, THIRUVANANTHAPURAM. WP(C).No. 37781 of 2008(W) 8. THE DIRECTOR OF SCHEDULED TRIBE DEVELOPMENT, DIRECTORATE OF SCHEDULED TRIBE, DEVELOPMENT DEPARTMENT, VIKAS BHAVAN, IVTH FLOOR, THIRUVANANTHAPURAM. 9. THE MANAGING DIRECTOR, WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. 10. THE DIRECTOR OF URBAN AFFAIRS, URBAN AFFAIRS DIRECTORATE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 11. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, VIDYA NAGAR, KASARAGOD DISTRICT. GOVERNMENT PLEADER, SRI.ANTONY MUKKATH FOR R4,R7 ADV.SRI.C.UNNIKRISHNAN, SC, KWA ADV.SRI.ALEXANDER THOMAS, SC,KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37781/2008-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of March, 2009 J U D G M E N T The petitioners are rank holders included in the rank list for appointment to the post of Lower Diviion Clerks in various departments in Kasaragod District. The rank list came into force on 31/12/2005. The same has expired on 30/12/2008. Persons upto rank No.315 in the main list have been appointed and subsequently, 23 vacancies also have been reported. The petitioners contend that sufficient vacancies were there prior to the expiry of the rank list and they have not been reported at the appropriate time. The petitioners point out that in W.P.(C).No.3800/2008, this Court has passed an interim order as per Ext.P13 dated 11/04/2008, and about 33 vacancies were reported subsequently. The petitioners therefore, contend that the stand taken by the respondents in the said writ petition that no vacancies were available or reported was also not correct in the light of Ext.P14 information given by the Public Information Officer of the Kasaragod District Office of P.S.C. Ext.P14 reply is given to the effect that 33 vacancies were reported by various departments pursuant to the interim order Ext.P13 passed by this Court in W.P.(C).No.3800/2008. W.P.(C) No.37781/2008 -:2:- 2. The main relief sought for in the writ petition is for a direction to the respondents to report the substantive vacancies of Lower Division Clerks in various departments in Kasaragod District. This Court by an interim order dated 19/12/2008, in this writ petition directed the learned Government Pleader to get instructions as to whether there are reportable vacancies of Lower Division Clerks in Kasaragod District. Accordingly, a statement has been filed on behalf of the fourth respondent. It is pointed out that 12 vacancies have been reported pursuant to the interim order passed by this Court in W.P.(C).No.3800/2008. It is further pointed out that 324 clerks were deployed to L.S.G.D from P.W.D and as per G.O.(MS). No.38/2008/PWD, dated 08/09/2008, those persons have been ordered to be shifted to L.S.G.D from P.W.D. Among the post shifted to L.S.G.D there are 15 posts of Clerks which were deployed from various offices of P.W.D in Kasaragod District. Therefore, once the clerks are deployed, the said posts held by them ceased to exist. Therefore, the number of posts in the P.W.D have come down to that extent. It is further pointed out that even though pursuant to the interim order passed by this Court, in W.P.(C). No.3800/2008, 12 vacancies were reported, there were no substantiative vacancies in Kasaragod District. It is also pointed out that number of Lower Division Clerks will exceed the sanctioned post in P.W.D in Kasaragod District. W.P.(C) No.37781/2008 -:3:- 3. The petitioners have not established by way of any other material that there are any further vacancies to be reported. Apart from that in this writ petition no interim order has been issued to report further vacancies. Ranked list has expired on 30/12/2008. In that view of the matter, no directions can be issued at this stage to report any of the vacancies. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms