IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 19272 of 2008(T) -------------------------- PETITIONER: ------------ SAJU JOSEPH, OZHANKAL HOUSE, MARIAPURAM P.O., IDUKKI DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------- 1. THE DIRECTOR, SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, IDUKKI. 3. THE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY SPL. GOVERNMENT PLEADER SRI. P.S. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19272 of 2008 -------------------------- Dated this the 14th July, 2008 J U D G M E N T Petitioner is included in the rank list published by the Public Service Commission for the post of Lower Division Clerks in Idukki district. Rank list is due to expire on 31.12.2008. According to the petitioner, Government as per G.O(P)No.29/93/P&ARD Dated 15.5.2007 declared that the post of Warden as equivalent to the cadre of L.D Clerks and therefore the post of Warden will be an additional post to the category of Clerk. According to the petitioner, there are 10 vacancies of Warden available in Idukki District and therefore those vacancies must be reported to the Public Service Commission. A similar issue was considered in WP (C) No.30967 of 2007 and vide Exhibit P2 judgment taking note of the statement filed by the Government in the said case the post of Warden is an addition to the cadre of Clerk, a direction was issued to report 18 vacancies of W.P ( C) No.19272 of 2008 2 Warden which was admittedly in existence to the Public Service Commission before the expiry of the rank list under consideration in the said case. 2. Learned Government Pleader on instructions, submits that there are three vacancies in the post of Warden in Idukki district and no vacancy of L.D Clerk. 3. Learned standing counsel for the Public Service Commission submits that this Court had not taken note of the judgment of this Court in Vishnu Vs. K.S.F.E. [2007 (2) KLT 578]. This court cannot direct the PSC to operate the rank list to issue advice memos to persons who are included in the rank list for the post of L.D Clerk against vacancies of Warden reported by the competent authority. I am unable to accept this submission. I have already issued a direction in Exhibit P2 judgment, in the matter of filling up of vacancies in the post of Warden by operation of the rank list for the post of L.D Clerk in circumstances where the Government has taken a decision to treat the post of Warden as an addition to the post of Clerk. Government stand in this regard is unchanged, I do not think the PSC W.P ( C) No.19272 of 2008 3 would in any manner be detrimentally affected by a direction to operate the rank list which it has brought into force for the purpose of L.D Clerks in circumstances where the Government has decided to treat the post of Warden as addition to the cadre of L.D Clerks. Government is competent to take a decision in this regard and PSC cannot have any grievance as such in responding to the vacancies in the post of Warden by enforcement of the rank list which it has prepared. Moreover, Exhibit P2 judgment has become final. I do not find any reason to take a different view from what I have already taken in Exhibit P2. In the result, the writ petition is disposed of directing the 1st respondent to report three vacancies in the post of Warden in the Tribal Welfare Department to the 2nd respondent within a period of one month from the date of receipt of a copy of this judgment. Taking note of the vacancies, PSC shall operate the rank list and issue advice memo to eligible persons. (V.GIRI, JUDGE) ma W.P ( C) No.19272 of 2008 4 W.P ( C) No.19272 of 2008 5