IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 22747 of 2008(G) -------------------------- PETITIONER: ------------------ 1. K.O.RAPPEL, S/O.OUSEPH, AGED 43, KALLARACKAL HOUSE, NANTHIATHEKONAM, NORTH PARAVUR. 2. K.X.SABU, S/O.K.T.XAVIER, AGED 37, KURUPPACHERRY HOUSE, XAVIER VILLA, OCHANTHURUTHU. P.O., KOCHI. BY ADV. SRI.T.RAJESH RESPONDENTS: --------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C.OFFICE, PATTOM, THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.22747 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2008 JUDGMENT The prayers in the writ petition are as follows: “i) issue a writ of mandamus compelling the fist respondent to reckon the NJD's also while making advice and fill up the NJDs arising out of such advice. ii) issue a writ of mandamus compelling the 1st respondent to regularise the service of empanelled candidates selected from the rank list.” 2. By Ext.P1 judgment this court, by taking note of the complaints of the petitioners therein that the actual vacancies were not reported to the Public Service Commission, found that 869 vacancies have to be reported. The matter is carried in appeal. In Ext.P2 judgment, the following directions have been issued: “Even though more than 5000 vacancies are still existing, at present there is no list and it is submitted that it will take long time to finalise the list as notification is published only now. Though 2212 vacancies were reported, only 869 were advised as per the interim order and the balance to be advised is 1343 vacancies. The PSC should immediately send advice of 1343 candidates from the rank list which expired on WPC. 22747/2008. 2 31.12.2004 and to which vacancies were already existed. No appointment as daily wage conductors are required, they shall be appointed from the unadvised candidates in the expired rank list or from the candidates sponsored by Employment Exchanges. Expeditious steps also should be taken to finalise the new rank list to avoid this sort of back door appointments. PSC should advice the candidates as early as possible.” Petitioners were included in the rank list prepared by the Public Service Commission. The rank list expired on 31.12.2004. Petitioners came to be appointed as empanelled conductors. The present complaint of the petitioners is that there were number of NJD vacancies and the petitioners, who are working as empanelled conductors may be advised against the said NJD vacancies. There is no case for the petitioners that the NJD vacancies were reported during the currency of the rank list. 3. It is submitted by the learned Standing Counsel that if NJD vacancies arise, but are reported after the expiry of the list, the Public Service Commission cannot make advise from the list. It is in the teeth of the decisions of this court, which laid down the said principle that the petitioners have put forth their claim and I reject the same. 4. The second prayer is to direct regularisation. I am not inclined to consider the question of regularisation. Petitioners have WPC. 22747/2008. 3 admittedly been appointed in 2004. I do not know what is the basis on which the petitioners can lay claim for regularisation. In such a situation, there is no merit in the writ petition. Accordingly, it is dismissed. (K.M. JOSEPH, JUDGE) sb