Binoy K.Divakaran vs Kerala State Electricity Board on 13 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30797 of 2006(N)


1. BINOY K.DIVAKARAN, S/O.K.K.DIVAKARAN,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. CHIEF ENGINEER (HRM),

3. KERALA PUBLIC SERVICE COMMISSION,

4. THE CHAIRMAN, K.P.S.C.,

                For Petitioner  :SRI.A.P.SUBHASH

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.K.DENESAN

 Dated :13/12/2006

 O R D E R
                            K.K.DENESAN, J.

                    -----------------------------

                        WP(C)No. 30797 OF 2006

                    -----------------------------

                 Dated this the 13th December, 2006.



                                 JUDGMENT

The petitioner is a candidate included in the

supplementary list of Scheduled Caste for appointment to

the post of Assistant Engineer (electrical) in the Kerala

State Electricity Board. The grievance of the petitioner

is that one NJD vacancy which arose during the currency of

the list was not promptly reported by the KSEB and that has

caused problems for the petitioner. It is also contended

that the vacancy was subsequently reported by the KSEB on

30.10.2006 and notwithstanding the validity of the list,

the Commission refused to advise the petitioner who was the

next candidate to be advised for appointment.

2. Counsel for the Commission submits that the

petitioner could not be advised for appointment since the

main list had been exhausted on 19.9.2006 and the vacancy

reported on 30.10.2006 for the advice of a candidate from

the supplementary list was of no use. It is also submitted

that in the light of the decision of the apex Court in Nair

Commission {2003(3) KLT 1126}, the supplementary list

cannot be operated after candidates from the main list have

WPC 30797/2006 2

been exhausted. The petitioner is not entitled for the

reliefs. Writ petition is therefore dismissed.

K.K.DENESAN

Judge

jj