IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 20756 of 2009(L) -------------------------- PETITIONER(S): --------------- RAJALEKSHMY.L.S., AGED 27 YEARS, RESIDING AT 'DWARAKA', 10/720(2), MANNAMOOLA, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.P.S.RAMESH KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, HEALTH AND SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, OFFICE OF THE MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 4. THE SECRETARY, OFFICE OF THE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R4 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20756 of 2009(L) PETITIONER'S EXTS: P1:- COPY OF LETTER DTD.20.10.2008 BY R4. P2:- COPY OF REPLY VIDE LETTER DTD.25.7.08 BY R3. P3:- COPY OF GO DTD.28.1.94 P4:- COPY OF 6TH PAGE OF GAZETTE DTD.25.4.06 P5:- COPY OF REPLY DTD.17.4.09 BY R3. ADDL.P6:- COPY OF LETTER DTD.10.9.2009 ADDL.P7:- COPY OF REPLY DTD.13.10.2009 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).No.20756 OF 2009 ------------------------------ Dated this the 15th day of November, 2010 JUDGMENT The grievance voiced by the petitioner is that though he is included as the 4th rank holder in the main list in the ranked list published on 31.7.2007 for appointment to the post of ECG Technician under the Medical Education Department of the State Government, he did not get appointment due to non reporting of vacancies. The learned Government Pleader submitted that as per the special rules, the appointment of ECG technicians is by direct recruitment as well as by promotion from qualified junior lab assistants in the ratio 1:1. In the additional statement dated 14th January, 2010, filed on behalf of the third respondent, it is stated that the total sanctioned strength of ECG Technician in the Medical Education service is 39. As such, admissible number of PSC recruited hands would be 20. At present, 21 PSC recruited ECG W.P.(C).No.20756 OF 2010 2 technicians are working in the Department. Therefore, no substantive vacancy is liable to be reported. The learned counsel for the petitioner submitted that the vacancies are not filled up even now and ad hoc appointments of ECG technicians are being made. When the quota earmarked for direct appointees is already filled up, the petitioner could not be said to be an aggrieved person in the matter of appointment of persons on ad hoc basis. The persons aggrieved would be a persons who are entitled to get promotion from the quota earmarked for junior lab assistants. On that ground also, the grievance voiced by the petitioner could not be sustained. For the aforesaid reasons, the Writ Petition is dismissed. K.T.SANKARAN, JUDGE. cms