IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WA.No. 692 of 2011 -------------------- AGAINST THE JUDGEMENT IN WPC : 25709/2005 AS MODIFIED IN THE ORDER IN RP.539/2009 Dated 18/06/2009 .................... APPELLANTS/RESPONDENTS 1 TO 4: ---------------------------------------- 1. JOHN T.F., THOTTIYIL HOUSE, MRALA P.O., MOOLAMATTOM, THODUPUZHA, IDUKKI DISTRICT. 2. JOSE C.P., CHIRIYAKUDAY HOUSE, PANIPRA P.O., PANIPRA, KOTHAMANGALAM. 3. MURUKESAN, CHADRALAYAM, IDUKKI COLONY P.O., CHERUTHONY, IDUKKI DISTRICT. 4. P.M.AZIZ, PULLIYANTHADATHIL HOUSE, KUMBALAMKALLU, THODUPUZHA EAST P.O., IDUKKI DISTRICT. BY ADV. SRI.S.RAMESH BABU RESPONDENTS/REVIEW PETITIONERS & 5TH RESPONDENT/RESPONDENTS: ----------------------------------------------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 001. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 001. WA.No. 692 of 2011 3. THE KERALA STATE PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM PALACE, THIRUVANANTHAPURAM - 695 001. R1 & R2 BY SRI.PULIKOOL ABUBACKER, SC, KSEB R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & C.N.Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 692 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of November, 2011 JUDGMENT Manjula Chellur, Ag. C.J. This appeal is filed challenging the judgment of the learned Single Judge dated 20.06.2008 as well as the review order dated 18.06.2009. 2. The writ petition came to be filed for a direction to the Board to report 40 vacancies of Drivers to the Public Service Commission from the ranked list dated 19.09.2002. Along with this, they also sought for a relief for the discontinuance of the temporary workers and make regular appointments in their favour. Subsequently, the writ petition came to be disposed of on 20.06.2008 in terms of the interim order by clarifying the situation 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. However, the Board came up with the contention that there was no substantive vacancy available for W.A. No. 692 of 2011 -:2:- direct recruitment on the date of expiry of the ranked list on 19.09.2005. 3. The learned Single Judge after hearing the matter and having regard to the statement made by the Electricity Board was justified in saying that as 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 19.09.2005, there was no confusion or unambiguity as such and dismissed the review petition as well. 4. According to the learned counsel Rule 14 of the Public Service Commission Rules of Procedure is applicable. We have gone through the said rule. We note that the ranked list expired much prior to the claim made by the petitioners and by the time the writ petition came to be disposed of, no substantive vacancy was available. But the fact remains that the Board, as a matter of policy, is entitled to adopt a course which is convenient and suitable to the situation existed on that day. In that view of the matter, we are of the opinion that the Court need not give a direction to the Board in a matter of W.A. No. 692 of 2011 -:3:- policy decision and accordingly nothing remains for us to consider. Accordingly the writ appeal is dismissed. Manjula Chellur, Ag. Chief Justice. C.N.Ramachandran Nair, Judge. ttb