IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 8325 of 2009(I) ------------------------------------ PETITIONERS: --------------------- 1. T.SURESH KUMAR, VILAYIL VEEDU, EARAM SOUTH, CHATHANNOOR, KOLLAM. 2. S.GINIL KUMAR, PUTHENVEEDU, VYDYASALA NAGAR, ASHRAMAM P.O., KOLLAM. 3. R.SUBRAMONIAM, T.C.38/2450, PUTHENCHALAI, CHALAI P.O., THIRUVANANTHAPURAM. 4. SHIBU.S, M.S.BHAVAN, MELATTINGAL, ALAMKODE P.O., THIRUVANANTHAPURAM. BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER SMT. N. SUDHA DEVI, R2 & R3 BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8325/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 25/07/2003 IN O.P. NO. 37878/2001. EXT.P.2: COPY OF THE JUDGMENT DTD. 06/03/2007 IN W.P.(C).NO.26022/2005. EXT.P.3: COPY OF THE JUDGMENT DTD. 24/06/2008 IN W.A. NO. 1264/2007. EXT.P.4: COPY OF THE ORDER G.O.(MS).NO.40/2007/TRAN. DTD. 15/10/2007 ISSUED BY THE R.1. EXT.P.5: COPY OF THE ORDER NO. PL12 (PLA4) 045574/04 DTD. 17/10/2007 ISSUED BY THE R.3. EXT.P.6: COPY OF THE REPRESENTATION FILED BY THE PETITIONERS AND OTHERS BEFORE THE R.1. DTD. 14/07/2008 WITH COPY OF THE R.3. EXT.P.7: COPY OF THE JUDGMENT DTD. 18/08/2008 IN W.P.(C). NO. 24757/2008. EXT.P.8: COPY OF THE ORDER G.O.(RT).NO.36/2009/TRAN. DTD. 22/01/2009. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE MEMO NO. PL12/5969/05 DTD. 23/06/2005 ALONG WITH THE PROFORMA. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.8325 of 2009-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2010. JUDGMENT The petitioners herein are included in the ranked list published by the Kerala Public Service Commission on 18.9.2001 for appointment to the post of Reserve Conductors in KSRTC. The validity of the ranked list expired on 17.9.2004. The writ petition is filed seeking to quash Ext.P8 order dated 22.1.2009 and also for a direction to the respondents to absorb the unadvised empanelled conductors working in KSRTC as regular conductors as done in the case of 144 conductors who were absorbed as per Ext.P4. 2. The Corporation has filed a counter affidavit wherein, in para 12 it is submitted as follows: “It is submitted that a list of similarly situated 930 unadvised conductors in the above list who were given provisional appointment in KSRTC based on directions from this Hon'ble High Court and continuing the service including the 4 petitioners has been forwarded to Government as decided by the Government. KSRTC has no authority to give permanent appointment as conductor to a candidate who had never been advised by KPSC for permanent appointment. The petitioners have stated that if non joined vacancies are reported wpc 8325/2009 2 to PSC and filled up in time, they would also get a chance for appointment on regular basis. KSRTC has already reported the remaining number of candidates from the 2001 rank list, which expired on 31.12.2004, including the NJD vacancies, as per this Hon'ble Court direction, to the PSC. If the petitioners will include in the advice list against the NJD vacancies, which is awaited from the PSC, they will be appointed against regular vacancies.” 3. Learned counsel for the petitioners submitted that in the light of the above position reiterated by the Corporation and as the matter is now pending before the Government, the first respondent may be directed to take a decision in the matter expeditiously. 4. Therefore, there will be a direction to the first respondent to take a decision in the matter in accordance with law, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/