IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3850 of 2006(G)
1. RAJANI.V. RENUKA HOUSE,
... Petitioner
2. SURENDRAN.K.KALLIYATH HOUSE,
3. REMALAKSHMI.K. PARAKKAT HOUSE,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PRINTING, DEPARTMENT
3. THE KERALA PUBLIC SERVICE COMMISSION,
For Petitioner :SMT.P.V.ASHA
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :14/10/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.3850 of 2006
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Dated this the 14th October, 2008.
J U D G M E N T
The petitioners are persons included in Ext.P2
ranked list for appointment to the post of Offset Printing Machine
Operator Grade II in the Printing (Government Presses)
Department. Ext.P2 ranked list came into force with effect from
17.10.2005 and will cease to be in force on 16.10.2008. The
petitioners have, in this writ petition, prayed for the following
reliefs:-
(i) Stay further appointments on other duty
and extension of appointments on other
duty for operating offset machines in
the Govt Presses;
(ii) direct the 2nd respondent to furnish the
details of the offset machines installed
and operating in each of the Govt
Presses with the no. of Printing Machine
Operators required for those machines
in each press as well as the no. of posts
of Offset Printing Machine Operators
W.P.(C) No.3850/2006
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sanctioned so far, before this Hon’ble
Court.
(iii) direct the 2nd respondent to report such
number of vacancies to the PSC
reckoning the same as 2/3 of the total
posts of Offset Machine Operators
required to operate the offset machines
installed in the Govt Presses.
2. According to the petitioners, in the Offset
Printing Presses maintained by the State Government, 118
persons are required to man the machines and that as per Ext.P3
order, 66 2/3 percentage of the said 118 posts are liable to filled
up by advising/appointing candidates included in Ext.P2 ranked
list. The short question is whether there are 118 posts of Offset
Printing Machine operators Grade II in various Government
Presses under the Printing (Government Presses) Department.
3. The respondents have filed two counter
affidavits. In the first counter affidavit dated 6.10.2006, the
respondents have stated that 32 candidates advised by the
Kerala Public Service Commission from Ext.P2 ranked list were
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3
appointed in the Government Presses at Mannanthala, Vazhoor
(Kottayam), Ernakulam and Wayanad and that 17 posts are set
apart to be filled up by promotion/appointment by transfer of
qualified employees in the Printing Department. It is also stated
that though 118 persons from the letterpress side have been
deployed in the Offset Wing, they are not working against
sanctioned posts and are being paid salary only in the sanctioned
post of Printer. In the additional counter affidavit dated
2.8.2008, the respondents have stated that only 50 posts of
Offset Printing Machine Operators Grade II exist in the
department and that 33 out of the said 50 vacancies have been
filled up by advising/appointing candidates included in Ext.P2
ranked list. It is further stated that the remaining 17 vacancies
are earmarked for appointment by transfer from among Printers
in the Letter Press side.
4. From the materials on record, it is evident that
the sanctioned strength of Offset Printing Machine Operators
Grade I and II is 50 and that 66 2/3 percentage of the said
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sanctioned posts have been filled up by appointing candidates
included in Ext.P2 ranked list. There is total lack of material on
record to hold that 118 sanctioned posts of Offset Printing
Machine Operators Grade I and II existed in the Government
Presses while Ext.P2 ranked list was in force and that 66 2/3
percentage of the said posts are available to be filled up by
appointing candidates included in Ext.P2 ranked list. The
petitioners have not been able to show that the sanctioned
strength of Offset Printing Machine Operators Grade II exceeds
50. Though the respondents concede the entitlement of
persons included in Ext.P2 ranked list for appointment to 66 2/3
percentage of the vacancies, their stand is that it is restricted to
33 posts in all.
In this state of affairs, the reliefs sought for by the
petitioners cannot be granted. The respondents have
substantially accepted the contentions of the petitioners by filling
up 66 2/3 percentage of the available vacancies of Offset Printing
Machine Operators Grade II by appointing candidates included in
W.P.(C) No.3850/2006
5
Ext.P2 ranked list. The petitioners are therefore not entitled to
the reliefs sought in the writ petition. The Writ Petition
therefore fails and is dismissed.
P.N.RAVINDRAN,
JUDGE
nj.