IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 34247 of 2005(B) PETITIONER(S): --------------- 1. SILY VARGHESE, UNNIKKALAYATHU, PANDANADU P.O., CHENGANNUR-689 506, ALLEPPEY DIST. 2. INDIRA BHAI B., KOLLANTE KIZHAKKETHIL, AREEKKARA P.O., MULAKKUZHA, CHENGANNUR, ALLEPPEY DIST. 3. PREETHAMOL K., KAKKANATTU, PANDANADU P.O., CHENGANNUR, ALLEPPEY DISTRICT. 4. REJANI JACOB, ANNIE NILAYAM, PILARESSERI P.O., CHENGANNUR, ALLEPPEY DISTRICT. BY ADV. SRI.RAJAN BABU (SENIOR) SMT.K.SUNITHA VINOD RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR, THE DEPARTMENT OF ANIMAL HUSBANDARY, TRIVANDRUM. 2. THE DISTRICT ANIMAL HUSBANDARY OFFICER, ALLEPPEY. 3. THE DISTRICT OFFICER, K.P.S.C. DISTRICT OFFICE, ALLEPPEY. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM. ADV. SRI.ALEXANDER THOMAS,STANDING COUNSEL,KPSC - R3,R4. GOVT.PLEADER SMT.K.R.DEEPA-R1,R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009 ALONG WITH WPC NO. 34252 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.34247 OF 2005 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of Gazette Notification dated 16.12.1997 issued by Public Service Commission. Ext.P2: True copy of rank list of Live Stock Inspectors Grade II published by PSC. Ext.P3: True copy of representation dated 3.12.2005 filed by petitioners before 2nd respondent. Ext.P4: True copy of order dated 2nd November 2005 in WPC No.30684 of 2004 of this Hon'ble Court. Ext.P5: True copy of letter No.PMB/6964/90/Vol.III/2382 dated 8.7.2005 of the Managing Director KLDB to the PSC. Ext.P6: True copy of proforma for reporting vacancies duly filed by KLD Board and submitted to PSC. Ext.P7: True copy of letter No.PMB/6964/90/Vol.II/3966 dated 17.1.2003 of KLD Board. Ext.P8: True copy of representation dated 21.11.2005 filed by petitioners before the Secretary, Animal Husbandary Department. Ext.P9: True copy of judgment in Con. case © No.1555 of 2005 dated 22.12.2005. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. --------------------------------------------- W.P.(C) NOS.34247 & 34252 OF 2005 --------------------------------------------- Dated this the 2nd day of November, 2009 JUDGMENT Petitioners were rank holders in the list published by the P.S.C for appointment to the post of Live Stock Inspector Grade-II that came into force with effect from 30.12.2002 and expired on 30.12.2005. Petitioners in the former Writ Petition held Rank Nos. 79, 69, 84 and 75 respectively and the petitioner in the latter Writ Petition held Rank No.91 in that list which was published for effecting appointment in Alappuzha District. 2. As per interim orders passed in these Writ Petitions, 8 vacancies were reported on 22.12.2005 and 5 more vacancies were reported on 28.12.2005. In W.P.(C) No.34252/05, another interim order was issued on 31.1.06 directing the PSC to advise 4 candidates from the list as against the 4 substantive vacancies available as on 30.12.2005 out of the above 13 reported vacancies. In compliance with that PSC had advised candidates as against those 4 vacancies and they were given appointment. Therefore, the scope of this Writ Petition is now confined only to the entitlement of W.P.(C) NOs.34247 & 34252 of 2005 2 the petitioners or other deserving candidates included in the aforesaid PSC list to be appointed against the 9 vacancies in the post of Life Stock Inspector Grade-II reported pursuant to the interim orders, mentioned above. It is also apposite to note that no other points were pressed into service in these Writ Petitions. 3. Admittedly, the PSC rank list in question had expired long ago i.e., on 31.12.2005. Prior to its expiry, only 13 vacancies were directed to be reported. 4 of them were later filled up in compliance with the interim direction of this Court. When the matter was taken up for final hearing, a specific direction was issued to the appointing authority to file a statement as to cadre strength in the post of Live Stock Inspector Grade-II as on 31.12.05. It was further directed to ascertain as to the number of incumbents actually holding the post as on that day. Subsequently, an additional counter affidavit was filed by the second respondent in W.P.(C) No.34252/2005. As per that, the cadre strength of Live Stock Inspector Grade-II as on 31.12.05 was 151. To ascertain the number of vacancies available for direct recruitment, the methods for recruitment and the quota prescribed for each category is to be looked into. As per the Special Rules for Kerala Animal Husbandry W.P.(C) NOs.34247 & 34252 of 2005 3 Subordinate Service, recruitment to the said post has to be made from various categories in the following ratio:- 1. 15% of the vacancies are set apart for the employees in the Subordinate staff, Ministerial staff and the Last Grade Employees in the Animal Husbandry Department. 2. 10% of the vacancies are filled up from Ex- serviceman, Dependents and dependents of service defence personnel. 3. 75% of the remaining vacancies are filled up from Cattle Improvement Assistants and 4. The remaining 25% vacancies recruited from open quota. 4. Learned Government Pleader submitted that the third category i.e., Cattle Improvement Assistant was a vanishing category and in fact, by the time this list came into force on 30.12.2002 all the Cattle Improvement Assistants had become Live Stock Inspector Grade-II. In other words, nobody was available in the said category of Cattle Improvement Assistants for direct recruitment as on that date. Therefore, the entire 75% was to be recruited from open quota. 75% of the cadre strength available as on 30/12/05 viz., 151 is 113. It is further submitted that as on 30.12.05, 131 directly recruited Live Stock Inspector Grade-II were W.P.(C) NOs.34247 & 34252 of 2005 4 in place. Thereafter, in compliance with the direction of this Court issued on 31/2/06 four more persons from the list in question were advised and appointed. Thus the total number of directly recruited Live Stock Inspector Grade-II became far in excess of the permissible quota of 113. At present 135 directly recruited Live Stock Inspector Grade-II are available in the department. As far as the cadre strength is concerned, the statement of the appointing authority has to be believed unless and until it is proved to be otherwise. In this particular case, the second respondent categorically submits that the cadre strength as on the date of expiry of the list was 151 and already 135 directly recruited Live Stock Inspector Grade-II are there in the cadre of Live Stock Inspector Grade-II. If that be so, this Court cannot issue any direction to effect further advice and appointments from the list that was published by the PSC on 30.12.02 because any further advice and appointment against the 9 reported vacancies would only add to the already saturated quota of direct recruits from open market to which the petitioners belong. The respondents also have a contention that no substantive vacancies were available under the Department in the said cadre and 9 more vacancies were reported only to comply with the interim orders of this Court. In the W.P.(C) NOs.34247 & 34252 of 2005 5 circumstances, in the absence of any material to hold that the statements made on behalf of respondents 1 and 2 with respect to the cadre strength of Live Stock Inspector Grade-II is incorrect, the petitioners are not entitled to any relief. Accordingly, the Writ Petitions are dismissed. (C.T. RAVIKUMAR) JUDGE spc