IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 22541 of 2010(P) ---------------------------------- PETITIONER(S): -------------------- BABU O.K, S/O.KESAVAN ORNAKUDY, ARATTUTHARA PO MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): -------------------- 1. KERALA STATE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY PATTOM, THIRUVANANTHAPURAM 2. THE DISTRICT OFFICER KERALA STATE PUBLIC SERVICE COMMISSION KALPETTA, WAYANAD DISTRICT. 3. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SRI.ARAVINDA KUMAR BABU.T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KL. S.SIRI JAGAN, J. ================== W.P.(C).No. 22541 of 2010 ================== Dated this the 2nd day of September, 2010 J U D G M E N T The petitioner is working as an L.D. Clerk in the office of the District Medical Officer, Mananthavady under the Health Services Department. He applied for selection as Sub Inspector in the Executive Branch as well as in the District Armed Reserve Police. Petitioner was included in the rank list. But he was not appointed although vacancies were available. The petitioner was not originally included in the rank list. Petitioner approached this Court. Pursuant to directions of this Court he was given rank No.46 which was later revised as 56A. Subsequently, the petitioner approached this Court seeking directions to fill up 49 vacancies available. This court considered the matter and ultimately directed filling up of 39 vacancies. Petitioner now wants direction to fill up the balance 10 vacancies also from the said list. He therefore seeks the following reliefs:- “(i) To issue a Writ of mandamus or any other appropriate Writ, order or direction, directing the respondents to fix the total number of candidates to be advised for the quota for graduate constables in the selection conducted for the Sub Inspector of Police, Executive branch in 2006 (ii) To issue a Writ of mandamus or any other appropriate Writ, Order or direction directing the respondents to report all W.P.(C).No. 22541 of 2010 2 vacancies which fell vacant before the expiry of the rank list, namely before 1.02.2008 and Public Service Commission to advice those vacancies from the category of graduate constables and to the Department to appoint such personnels; (iii) To issue a Writ of Mandamus or any other appropriate Writ, order or direction directing the respondents 1 & 2 to publish the rank of the petitioner in the category of Sub Inspector, District Armed Reserve and make appointment according to the rank of the petitioner in that category; (iv) Award to the petitioner the costs of these proceedings; and (v) Grant such other and further reliefs as are just, proper and necessary or may be prayed for.” 2. I have heard learned standing counsel for the Public Service Commission and the learned Government Pleader. I am of opinion that in so far as petitioner had already suffered Ext.P1 judgment in W.P.(C).No.20605 of 2006, which was filed for the identical reliefs, a review petition against which was also dismissed by Ext.P2 order, petitioner cannot now seek the same reliefs again by filing another writ petition. In fact, the learned standing counsel for the Public Service Commission submits that the writ appeal filed against that judgment has also been dismissed in Writ Appeal No.2460 of 2008. He further submits that the petitioner had approached this Court again by filing W.P.(C).No.18697 of 2009 which was also dismissed. In the above circumstances, I do not think that the petitioner can W.P.(C).No. 22541 of 2010 3 resurrect his claim by filing another writ petition. Accordingly,this writ petition is dismissed. S.SIRI JAGAN, JUDGE mns