IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 RP.No. 539 of 2009(I) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25709/2005 Dated 20/06/2008 .................... REVIEW PETITIONER(S): RESPONDENTS 1 & 2 --------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, TRIVANDRUM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, TRIVANDRUM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): PETITIONERS/3RD RESPONDENT ----------------------------------------- 1. JOHN T.F., THOTTIYIL HOUSE, MRALA P.O., MOOLAMATOM, THODUPUZHA, IDUKKI DISTRICT. 2. JOSE C.P., CHIRIYAKUDAY HOUSE, PANIPRA P.O., PANIPRA, KOTHAMANGALAM. 3. MURUKESAN, CHANDRALAYAM, IDUKKI COLONY P.O., CHERUTHOMY IDUKKI - 685602. 4. P.M.AZIZ, PULIYANTHADATHIL HOUSE, KUMBALAMKALLU, THODUPUZHA EAST P.O., IDUKKI DISTRICT. 5. THE KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE, TRIVANDRUM. SRI.ALEXANDER THOMAS, S.C., KPSC. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- R.P.No.539/2009 in W.P.(C) No.25709/05 ---------------------------------------------- Dated 18th June, 2009. O R D E R This review petition is filed by respondents 1 and 2 in the writ petition, the Kerala State Electricity Board. The writ petition was filed praying for a direction to the Board to report 40 vacancies of drivers to the Public Service Commission from the ranked list dated 19.9.2002. There was also a prayer to discontinue the temporary workers and make regular appointments in their place. On 30.8.2005, an interim order was passed by this court directing the second respondent to report 60 vacancies of Driver Grade II within two weeks. It was also made clear that no advice memo need be issued since the actual number of vacancies had to be decided later. When the writ petition came up for final hearing on 20.6.2008, the same was disposed of in terms of the interim order making it clear that ...”in case advice memos have not been issued in respect of the substantive vacancies existed prior to the expiry of the ranked list, the same shall be issued within a period of one month.” It is the case of the Electricity Board that there was no substantive R.P.No.539/2009 in W.P.(C) No.25709/05 2 vacancy available for direct recruitment as on the date of expiry of the ranked list and therefore, the judgment may be reviewed. I am afraid, this submission is not within the scope of a review petition. The judgment is clear and unambiguous. The direction was only to issue advice memos in respect of the substantive vacancies which existed prior to the expiry of the ranked list on 19.9.2005. 2. Sri.Kamalakara Babu, learned counsel appearing for the writ petitioners submits that there existed vacancies. It is for the writ petitioners to establish that matter in appropriate proceedings before the Electricity Board. There is no ground to review the judgment. The review petition is hence dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- R.P.No.539/2009 in W.P.(C) No.25709/05 ---------------------------------------------- O R D E R Dated 18th June, 2009.