IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WA.No. 200 of 2011() -------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20756/2009 Dated 15/11/2010 .................... APPELLANT(S): PETITIONER IN THE WRIT PETITION -------------------------------------------------------------- RAJALEKSHMY L.S., RESIDING AT 'DWARAKA', 10/720 (2), MANNAMOLLA, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): RESPONDENTS IN WRIT PETITION ------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE SECRETARY, HEALTH AND SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 3. THE DIRECTOR, OFFICE OF THE MEDICAL EDUCATION, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM-695011. 4. THE SECRETARY, OFFICE OF THE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 004. R1 TO R3 BY GOVT. PLEADER SMT.T.B.RAMANI R4 BY ADV. SRI.P.C.SASIDHARAN, SC., PSC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.N.RAMACHANDRAN NAIR & B.P. RAY, JJ. ........................................... W.A.NO.200 OF 2011 ............................................. Dated this the 1st day of June, 2011. JUDGMENT Ramachandran Nair, J: This appeal is filed against the judgment of the learned Single Judge declining to grant the relief prayed for by the appellant, i.e., appointment as E.C.G. Technician in the Medical Education Service, based on her selection by the P.S.C. The learned Single Judge has found that in the 39 positions of E.C.G Technician, only 20 are earmarked for direct appointment through P.S.C and the balance 19 to be filled up by promotion. The Government stated that 21 posts are already filled up with the PSC hands and so much so, all the balance positions have to be filled up through promotions. 2. The appellant’s case is that even now positions are vacant and the same are filled up through adhoc appointments. The single Judge stated that since the appellant is a claimant under the quota for direct recruitees, she is not entitled to be appointed. Therefore, if at all there is W.A.NO.200 OF 2011 : 2 : grievance against contract appointments, it is for the persons in service waiting for appointment by promotion to raise objection. The finding is that the appellant is not entitled to be appointed merely because she is in the rank list prepared by the P.S.C. In view of the position stated above, we do not find any merit in this writ appeal. However, what we feel is that eligible persons like the appellant selected by the P.S.C should be considered for contract appointment. Further, if vacancy position increases in Government making available more posts for direct recruitment and if P.S.C list is still valid by virtue of the extension of time granted to it, then the respondents should consider the appellant, for appointment. With the observations, we dismiss this writ appeal. C.N.RAMACHANDRAN NAIR, JUDGE. B.P. RAY, JUDGE. cl