IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 27910 of 2011(K) ------------------------------------ PETITIONER(S): ---------------------- 1. KARUNAKARAN.M., ARIECHAM VEEDU, PERUMBALA POST, KALANAD(VIA), KASARAGOD DISTRICT. 2. MAHESH K.C., KARMANTHODY, KARADKA POST, MULIYAR (VIA KASARAGOD DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, REVENUE DEPARTMENT, CIVIL STATION, KASARAGOD. 671 121. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM.671 121. 3. THE DEPUTY DIRECTOR OF EDUCATION, (GENERAL), OFFICE OF THE DEPUTY DIRECTOR, KASARAGOD.671 121, 4. THE DIRECTOR OF PUBLIC INSTRUCTION, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.695 001. 5. THE INSPECTOR GENERAL OF REGISTRATION, REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM.695 001. 6. THE REGISTRAR, REGISTRATION DEPARTMENT, KASARAGOD.671 121. tss W.P.(C) NO.27910/2011 7. THE SUPERINTENDENT ENGINEER, MINOR IRRIGATION, KASARAGOD.671 121. 8. THE DIRECTOR OF CIVIL SUPPLIES, CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM.691 001. 9. THE CHIEF ENGINEER (ADMINISTRATION), IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM.695 001. 10. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM.691 001. 11. THE CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.691 001. 12. THE DEPUTY DIRECTOR OF PANCHAYATH, KASARAGOD.671 121. 13. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER, KASARAGOD.671 121. 14. THE DIRECTOR, TECHNICAL EDUCATION DEPARTMENT, EAST FORT, THIRUVANANTHAPURAM.695 001. 15. THE COMMISSIONER, RURAL DEVELOPLMENT DEPARTMENT, MUSEUM JUNCTION, THIRUVANANTHAPURAM 695 001. 16. THE DISTRICT MEDICAL OFFICERF, (HEALTH), OFFICE OF THE DISTRICT MEDICAL OFFICER, KASARAGOD 671 121. 17. THE DEPUTY COMMISSIOENR OF COMMERCIAL TAXES, KASARAGOD 671 121. 18. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM 695 001. 19. THE DIRECTOR OF SOCIAL WELFARE, THIRUVANANTHAPURAM 695 001. 20. THE DIRECTOR OF URBAN , DIRECTORATE, THIRUVANANTHAPURAM 695 001. 21. THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. tss W.P.(C) NO.27910/2011 22. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY , PATTOM, THIRUVANANTHAPURAM 695 004. 23. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD 671 121. R 22 & R23 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.27910/2011 APPENDIX PETITIONER(S) EXHIBITS P1:-COPY OF THE RELEVANT PORTION OF THE RANK LIST DATED 18/09/2008 FOR THE POST OF LOWER DIVISION CLERKS PUBLISHED BY THE P.S.C. IN KASARAGOD DISTRICT. P2:- COPY OF THE CIRCULAR DATED 18/06/2011 ISSUED BY THE GOVERNMENT. RESPONDENTS' EXHIBITS NIL TRUE COPY P.S. TO JUDGE tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 27910 OF 2011 ----------------------------------------------------------- Dated this the 23rd December, 2011. JUDGMENT The petitioners are persons who are included in the rank list for advise and appointment to the post of Lower Division Clerk in Kasaragode district. The list was published on 1-1-2009. The complaint of the petitioners is that though there are vacancies available in all the departments, they have not been reported to the Kerala Public Service Commission (PSC for short). The list is due to expire on 31-12-2011. Therefore, the petitioners seek the issue of appropriate directions for reporting the vacancies that are available. The petitioners have made 23 respondents as parties to this writ petition. Though the Govt. Pleader had been directed to get instructions from all the respondents regarding the availability of vacancies, he has filed a memo with respect to only five respondents. Instructions from the other respondents are not available even today. I notice that this writ petition was filed on 19-10-2011. 2. The counsel for the petitioners places reliance on Ext.P2 circular by which the Government have directed the creation of WPC 27910/2011 2 supernumerary posts for the purposes of filling up the vacancies that are expected to arise consequent to the unification of the retirement age and the consequent retirement of large number of employees on 31-3-2012. All the departments have been instructed to create sufficient supernumerary vacancies and to report them to the PSC so that the vacancies so created on 31-3-2012 would be filled up without delay. The instructions received and produced along with the memo by the Govt. Pleader do not disclose whether the exercise of creating supernumerary posts and reporting them have been undertaken by the respondents. It is also worth noticing that the majority of the respondents have not given any instructions to the Govt. Pleader in the matter. Since the list is due to expire on 31-12-2011, counsel for the petitioners presses for the issue of appropriate directions to see that the available vacancies are all reported. 3. This writ petition is in the above circumstances disposed of directing the respondents to assess the number of vacancies that are available as well as those that are expected to be created by the retirement of employees from such departments on 31-3-2012 and to report all such vacancies as are available for being filled up by WPC 27910/2011 3 direct recruitment, to the PSC as expeditiously as possible and at any rate in a manner so as to reach PSC before 31-12-2011. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge