IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 8392 of 2011(Y) ------------------------- PETITIONER : -------------------- IMELDA.T., AGED 41 YEARS, KARIKUZHI, PADAPPAKARA.P.O., MULAVANA, KOLLAM. BY ADV. SRI.M.R.SASITH PANICKER RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM – 695 001. 3. THE DISTRICT MEDICAL OFFICER, ERNAKULAM 687 018. 4. THE DIRECTOR, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM – 695 001. 5. THE JOINT DIRECTOR, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM – 695 001. 6. THE SECRETARY, KERLA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM – 695 001 7. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSIONER, ERNAKULAM – 687 018. R1 TO R5 BY GOVT. PLEADER SRI. ANTONY MUKKATH R6 & R7 BY ADV. SRI. P.C. SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, ALONG WITH WP(C) NO. 13419/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos.8392 &13419 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2011 J U D G M E N T In these two Writ Petitions, the petitioners are candidates who have been included in the ranked list prepared by the Public Service Commission for the post of Junior Health Inspector Grade II, in the Health Services Department, in Ernakulam District. They have filed these writ Petitions seeking a direction to the District Medical Officer, Ernakulam to report available vacancies in the post of Junior Health Inspector Grade II to the Public Service Commission for advice from the rank list prepared. 2. The Learned Government Pleader on instructions submits that there was a deputation vacancy which was reported on 25.04.2011. Apart from that there are three vacancies which arose on reversion of three Departmental candidates occupying the post. But their reversion was stayed by this Court and therefore at present there are no vacancies. Vacancies would arise only when either this court vacates the interim orders or finally disposes of the writ Petition against the petitioners in those cases. The petitioner in WP(C) No.13419/2011 would contend that on retirement on 31.03.2011, vacancies would have arisen if the several vacancies in the W.P.(C)Nos.8392 &13419 of 2011 2 higher post are filled up by promotion in time . But to substantiate the same, at least prima facie, the petitioner has not produced any documents. Taking into account the facts and circumstances of the case I direct the District Medical officer, Ernakulam to report three vacancies to the Public Service Commission before 31.05.2011 provisionally, subject to the result of the Writ Petitions stated to be pending. If ultimately the writ petitions filed by the Departmental candidates in which they have obtained the stay are dismissed, then the District Medical Officer, Ernakulam shall inform the Kerala Public Service Commission accordingly and in such cases advice shall be made by the Kerala Public Service Commission to those vacancies. If ultimately the Writ Petitions are allowed and consequently the vacancies cease to exist, the reporting of vacancies would stand canceled and no advice need be made to those vacancies. 3. The writ petitions are disposed of as above. S. SIRI JAGAN JUDGE kkj