IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND DAY OF DECEMBER 2011/1ST POUSHA 1933 WPC.No. 30443 of 2011 (E) -------------------------------- PETITIONER(S): ------------------- SMITHA.P,AGED 27 YEARS,D/O.PADMALAYAN, MUKKEL HOUSE,KIZHAKKEKARA NORTH MURI VALIYAPARAMBU.P.O,THRIKKUNNAPUZHA VILLAGE KARTHIKAPPALLY TALUK,ALAPPUZHA(DISTRICT). BY ADVS.SRI.G.BENO SMT.S.CHYTHANYA RESPONDENT(S): --------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY IT'S SECRETARY,PATTOM THIRUVANANTHAPURAM-695004. 3. THE DIRECTOR,SURVEY AND LAND RECORDS, DIRECTORATE,VAZHUTHAKKAD,THIRUVANANTHAPURAM PIN-695001. 4. THE DIRECTOR OF EMPLOYMENT EXCHANGES, THIRUVANANTHAPURAM-695001. R1, R3 & R4 BY SR. GOVT. PLEADER SRI. ABDUL KHADER R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2011, ALONG WITH WPC. 32566/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 30443/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF RELEVANT PART OF THE RANK LIST DATED 15/11/2008. P2: COPY OF THE DISPUTED NEWS REPORTED IN KERALA KAUMUDI DAILY DATED 24-10-2011. P2(a):COPY OF THE DISPUTED NEWS REPORTED IN MATHRUBHOOMI THOZHIL VARTHA DTD 5/11/2011. P3: COPY OF THE SSLC CERTIFICATE OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J = = = = = = = = = = = = = = = = WP(C).Nos.30443 & 32566 of 2011. = = = = = = = = = = = = = = = = Dated this the 22nd December, 2011. J U D G M E N T These writ petitions are filed by the petitioners who are ranked by the Kerala Public Service Commission ('PSC' for short) for advise to the post of Surveyor Grade II in the Survey and Land Records Department. The rank list is due to expire on 31.12.2011. The complaint of the petitioners is that though the first respondent is legally bound to report all available vacancies to the PSC for advise, a number of vacancies available, have not so far been reported. Therefore, the petitioners have sought for the issue of appropriate directions for reporting all the available vacancies. 2. According to the petitioners, the newspaper reports Exts.P2 and P3 shows that the Survey and Land Records Department has decided to recruit 3900 WP(C).Nos.30443 & 32566/2011. 2 Surveyors through the Employment Exchanges in eight districts, ignoring the rank list of the PSC. Therefore, the counsel for the petitioners seeks the issue of a direction to the respondents to report candidates from the existing rank list for appointment to the said post. 3. The learned Govt.Pleader, on instructions, submits that there are a number of temporary projects in connection with the rehabilitation of tsunami victims and various other projects that are being implemented in the State. For the effective implementation of the said projects, services of temporary employees are required and it is for the said purpose that persons are recruited through the Employment Exchange. Since such vacancies are not substantive vacancies they are not available for being reported to the PSC. 4. According to the learned Govt.Pleader, all the available vacancies have already been reported. According WP(C).Nos.30443 & 32566/2011. 3 to his instructions, at present there are 55 vacancies of Second Grade Surveyors available to be reported to the PSC. Two are non joining vacancies, 14 vacancies are caused due to removal of employees from service and 26 vacancies are substantive vacancies due to unification of the date of retirement of the government employees. 11 vacancies have arisen due to employees leaving the department to pursue other avocations. In addition to the above, 17 vacancies have arisen consequent to transfer/promotion. All the above vacancies have been reported. 5. Since the vacancies have already been reported to the PSC, the petitioners are not entitled to get any relief in these writ petitions. The grievances of the petitioners have been redressed by the reporting of all the available vacancies as stated above. These writ petitions are accordingly closed recording the above facts. The WP(C).Nos.30443 & 32566/2011. 4 Govt.Pleader assures that if by any chance, additional vacancies arise before 31.12.2011 they shall also be reported to the PSC. This is also recorded. K.SURENDRA MOHAN, (Judge) Kvs/-