IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 539 of 2009(I)
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
2. THE CHIEF ENGINEER (HRM),
Vs
1. JOHN T.F., THOTTIYIL HOUSE,
... Respondent
2. JOSE C.P., CHIRIYAKUDAY HOUSE,
3. MURUKESAN, CHANDRALAYAM,
4. P.M.AZIZ, PULIYANTHADATHIL HOUSE,
5. THE KERALA STATE PUBLIC SERVICE
For Petitioner :SRI. ASOK M.CHERIYAN, SC, KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :18/06/2009
O R D E R
KURIAN JOSEPH, J.
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R.P.No.539/2009 in W.P.(C) No.25709/05
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Dated 18th June, 2009.
O R D E R
This review petition is filed by respondents 1 and 2 in
the writ petition, the Kerala State Electricity Board. The writ
petition was filed praying for a direction to the Board to report 40
vacancies of drivers to the Public Service Commission from the
ranked list dated 19.9.2002. There was also a prayer to
discontinue the temporary workers and make regular
appointments in their place. On 30.8.2005, an interim order was
passed by this court directing the second respondent to report 60
vacancies of Driver Grade II within two weeks. It was also made
clear that no advice memo need be issued since the actual
number of vacancies had to be decided later. When the writ
petition came up for final hearing on 20.6.2008, the same was
disposed of in terms of the interim order making it clear 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.” It is
the case of the Electricity Board that there was no substantive
R.P.No.539/2009 in W.P.(C) No.25709/05
2
vacancy available for direct recruitment as on the date of expiry
of the ranked list and therefore, the judgment may be reviewed. I
am afraid, this submission is not within the scope of a review
petition. The judgment is clear and unambiguous. 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
19.9.2005.
2. Sri.Kamalakara Babu, learned counsel appearing for
the writ petitioners submits that there existed vacancies. It is for
the writ petitioners to establish that matter in appropriate
proceedings before the Electricity Board. There is no ground to
review the judgment. The review petition is hence dismissed.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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R.P.No.539/2009 in W.P.(C) No.25709/05
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O R D E R
Dated 18th June, 2009.