IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 W.A.No. 677 of 2007 ---------------------------- (AGAINST JUDT. DT. 9.2.2007 IN WP (C) NO.35425/04) APPELLANT(S): PETITIONER ------------------------ 1. SREENI K.K, KOLLASSERRIL HOUSE, CHEEYAMBAM P.O., PULPALLY VIA., WAYANADU DISTRICT. 2. JILSY JOSEPH, POOVATHOTTATHIL HOUSE, SASIMALA P.O., PULPALLY VIA., WAYANADU DISTRICT. 3. SREEJA C.S., CHERANKANDATHIL HOUSE, AMBALAVAYAL P.O., SULTHAN BATHERY, WAYANADU DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE & ADV. SRI. RAMPRASAD UNNI. RESPONDENT(S): RESPONDENTS: -------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETITIES(GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KALPETTA, WAYANADU DISTRICT. 3. THE WAYANADU DISTRICT CO-OPERATIVE BANK LTD.,KALPETTA, WAYANADU DISTRICT REP. BY ITS SECRETARY. 4. T.MOHAN, PRESIDENT, THE WAYANADU DISTRICT CO-OPERATIVE BANK LTD., KALPETTA, WAYANADU DISTRICT. 5. THE KERALA PUBLIC SERVICE COMMISSION REP., BY ITS CHAIRMAN, THIRUVANANTHAPURAM. 6. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, STATE SECRETARIAT, THIRUVANANTHAPURAM. R1, R2 & R6 BY GOVT. PLEADER SMT. R. BINDU. R3 AND R4 BY ADV. SRI. K.P. DANDAPANI, SENIOR ADVOCATE & ADV. SRI.MILLU DANDAPANI. R5 BY STANDING COUNSEL SRI. ALEXANDER THOMAS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON 02/07/2009 DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ------------------------------ W.A. No.677 of 2007 ------------------------------ Dated this, the 2nd day of July, 2009 JUDGMENT Balakrishnan Nair, J. The appellants/petitioners were persons included in the rank list prepared by the Public Service Commission for appointment to the post of Clerk-cum-Cashier in the Wayanadu District Co-operative Bank Ltd. The rank list expired on 31.12.2004. They approached this Court on 6.12.2004 and there was an interim direction by this Court to the Bank to report the available vacancies. According to the appellants, the available vacancies were not reported. Learned counsel for the P.S.C. submitted that, all the vacancies reported before the expiry of the rank list were honoured. Three vacancies were reported after the expiry of the rank list, for which, candidates were advised from the next rank list. 2. In view of the Full Bench decision in Vimala Kumari v. State, 1994 (2) KLT 47 (FB), the P.S.C. cannot be directed to advise candidates from the rank list which has W.A. No.677 of 2007 - 2 - already expired, unless the vacancies were reported before the expiry of the rank list. In the absence of pending vacancies reported before the expiry of the list, no relief can be granted to the appellants. In the result, the writ appeal is dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- C.T. Ravikumar, Judge. DK. (True copy)