IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 36139 of 2009(J) -------------------------- PETITIONER(S): --------------- 1. JELPHY.U.J,UKKEN HOUSE,EDAKULAM.P.O, THRISSUR DISTRICT. 2. REHINA.K.A,PANANGAT HOUSE,PUTHENCHIRA NORTH.P.O,THRISSUR-680 682. 3. N.SUJHA,RAMANKANDATH HOUSE,ENGINEERING COLLEGE.P.O,ROYAL STREET,THRISSUR-680 009. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION,PATTOM, THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION,DISTRICT OFFICE, THISSUR. 4. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 5. THE COMMISSIONER,COMMERCIAL TAXES DEPARTMENT,THIRUVANANTHAPURAM. 6. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 7. JITHISH K.THANKAPPAN,KALLINGAL HOUSE, MANNUTHY.P.O,THRISSUR-680 651. 8. BINU.M.B,MADAMBI HOUSE,THRIKUMARAKUDAM BYE LANE,AYYANTHOLE,THRISSUR-680 003. 9. MAYADEVI.U,PARAMBATH HOUSE, URAKAM.P.O,THISSUR-680 562. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the notification dated 31.1.2007 issued by the PSC Ext.P2. True copy of the relevant pages of the ranked list published by the PSC for appointment to the post of LD Clerks. Ext.P3. True copy of the Advice Memo dated 30.11.2009 issued to the Ist petitioner. Ext.P4. True copy of the Advice Memo dated 30.11.2009 issued to the 2nd petitioner. Ext.P5. True copy of the Advice Memo dated 30.11.2009 issued to the 3rd petitioner. Ext.P6. True copy of the relevant pages of the Rotation Chart published by the PSC. Ext.P7. True copy of the Judgment dated 8.4.2004 in WP(c).No.2018/04. // true copy // P.A to Judge ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.36139 OF 2009(J) -------------------------------------------------- Dated this the 13th day of August, 2010 J U D G M E N T Petitioners were included in the ranked list for the post of LDC in various Departments. However, they were advised to the post of Warden in the Scheduled Tribe Development Department as per Exts.P3,P4 and P5 advise memos. The contention raised is that, they having been included in the ranked list for the post of LDC in Various Departments, they could not have been appointed in the ST Development Department as Warden. This case of the petitioner is fully covered in their favour, in view of the judgment in WP(c). No.3896/2010 and connected cases. In view of the above, petitioners are entitled to succeed as they could not have been advised to Scheduled Tribe Development Department as Warden. Accordingly, Exts.P3,P4 and P5 stand set aside. Petitioners will be retained in the ranked list and will be advised against the immediately arising vacancies already reported. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :