IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16671 of 2008(I)
1. P.SALINA, AGED 38,W/O E.B. SHIVANANDAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION
3. THE KERALA PUBLIC SERVICE COMMISSION
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :06/06/2008
O R D E R
V. GIRI, J.
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WP(C).NO.16671 of 2008
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Dated this the 6th day of June, 2008
JUDGMENT
The petitioner is a B.Tech (Civil) Graduate. He was included in
the rank list published by the PSC on 27.6.2003 for the post of
Assistant Town Planner/Assistant Engineer Grade II in the Municipal
Common Service. Apparently, during the currency of the selection
process the Special Rules relating to the post was amended. But
several persons who were included in the rank list had complained that
vacancies in the post available for direct recruits which accounted for
60% of the cadre strength were deliberately not being filled up as it
was filled up by promotees on adhoc promotion in excess of the quota
ear marked. The matter was pending before this court and by Ext.P3
judgment a Division Bench of this court had issued the following
direction:
” The counter statement filed by the department
reveals that the cadre strength was 100 but it was
not clear whether it was with reference to the said
date. But it is revealed there were no direct recruits
as on the date of promulgation of amendment to the
special rules. Therefore, a direction is issued to the
Director to ascertain the real strength of Assistant
Engineers in Municipal Common Service as on
8.8.2001 and send a report to the Public Service
Commission to advice candidates to the extend of
60% of the cadre strength so assessed, from out of
the list in question. Thereupon the PSC shall adviceWPC.16671 /2008 2
that much candidates following the rules of rotation
from the list prepared and published on 27.6.2003
pursuant to the recruitment notified on 8.6.1999 to
the post of Assistant Engineers in Municipal Common
Service. This exercise shall be completed by the
Director, at any rate within 6 weeks from the date of
receipt of a copy of the judgment. Until then the
status quo as on today shall continue as to the
reversions that may occur on account of this
controversy.
Going by the above pronouncement
W.P.C.No.32864/2003 shall also attain its finality
subject to the keeping in abeyance of reversion as
mentioned above. “
2. The present writ petition is filed with a grievance that inspite
of the directions of the Division Bench the cadre strength was not
assessed properly and steps have not been taken to fill up the
vacancies from the rank list.
3. In my view since the petitioner was also a party to Ext.P3
judgment, this court can only proceed on the premise that the parties
viz. the petitioner, Government and the PSC are bound by the
directions issued by the Division Bench in Ext.P3 judgment.
Accordingly, the writ petition is disposed of holding that the parties in
Ext.P3 judgment are bound to act in accordance with the directions
issued by this court.
V. GIRI, JUDGE.
pmn/ WPC.16671 /2008 3