IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 15775 of 2010(V) -------------------------- PETITIONER(S): --------------- 1. RAMESH T.R. S/O.T.N.RAJAPPAN, AGED 34 YEARS, GATE KEEPER GRADE II, GOVT PRESS, KAKKANAD, ERNAKULAM DISTRICT. 2. K.V.BINU, GATE DEEPER GRADE II, GOVT PRESS, KAKKANAD ERNAKULAM. 3. S.RAMACHANDRAN, GALLEY PRESSMAN GRADE-II GOVT PRESS, KAKKANAD, ERNAKULAM. 4. VIJAY A.V., PEON GRADE II, GOVT.PRESS, KAKKANAD, ERNAKULAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, DEPT OF PRINTING , GOVT. SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PRINTING & STATIONARY THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ARAVIND BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.15775 OF 2010 (V) -------------------------------------------------- Dated this the 23rd day of June, 2010 J U D G M E N T Claim of the petitioners for promotion to the post of Printer Grd.II in the Printing Department was declined by Ext.P24 order, on the ground that it is a vanishing category and therefore it was not necessary to fill up the vacancies. Impugning Ext.P24 order it is contended by the petitioners that, while promotion is declined to them, vacancies are being filled up by direct recruitment. Since there was no material to substantiate this contention, when the matter came up for orders before this court on 24.5.2010 counsel for the petitioner sought time for producing further materials. 2. Accordingly, Exts.P26 and P27 judgments have been produced along with I.A..No.8073/2010. In Ext.P26, all that is directed is, subject to the availability of vacancies in the category of Printer Grad.II, the petitioners also be treated as eligible for the post. By Ext.P27 judgment, the writ appeal was disposed of directing that if any vacancies are reported and are pending without advise, PSC shall advise candidates. WPC.No.15775 /2010 :2 : 3. Neither Ext.P26 nor Ext.P27 show that any vacancies have been filled up from among those advised by the PSC. If that be so, Ext.P26 or Ext. P27 will not improve the case of the petitioners that while promotions have been declined on the ground that the category of Printer Grd.II is a vanishing category, appointments to the post is being made by direct recruitment. 4. Existence of vacancies, by itself, is no reason to compel the authorities to fill up the vacancies. If for valid reasons, the appointing authority decide not to fill up the posts, there is nothing illegal in such decision and this court will not be justified in requiring the authorities to fill up the vacancies. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.15775 /2010 :3 :