Kerala Tourism Development … vs Shaji John on 8 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1462 of 2009()



1. KERALA TOURISM DEVELOPMENT CORPN.LTD
                      ...  Petitioner

                        Vs

1. SHAJI JOHN
                       ...       Respondent

                For Petitioner  :SRI.P.A.AHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :08/07/2009

 O R D E R
     K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
                --------------------------------------
                    W.A.No. 1462 OF 2009
                --------------------------------------
            Dated, this the 8th day of July, 2009

                        J U D G M E N T

~~~~~~~~~~~~

Balakrishnan Nair, J.

The 7th respondent in the Writ Petition is the appellant.

The appeal is filed against an interim order dated 30.6.2009

passed by the learned Single Judge directing, interalia, the

appellant to report 46 vacancies in the cadre of Last Grade

Servants to the Public Service Commission, Trivandrum.

According to the appellant, there are no vacancies in the

cadre of Last Grade Servants, to which candidates can be

advised from the PSC. The vacancies available are in those

posts , which are not left to the PSC, for advice of candidates.

So, the order is illegal and therefore, liable to be vacated. But,

we notice that this is a usual general order passed by this

Court on the eve of expiry of every PSC rank list. The PSC has

been specifically directed not to make any advice based on the

vacancies reported under the interim order. This Court will

ask the PSC only to advise the candidates after finally hearing

the matter. At that time, the appellant can bring to the notice

of the learned Single Judge that no vacancies are available in

W.A.No.1462/2009 2

the post left to the PSC and the vacancies pointed out by the

writ petitioners are in posts not covered by the order

entrusting recruitment to the PSC. By the interim order, none

of the rights of the appellant is affected. Therefore, this

appeal is not maintainable in the light of the decision of this

Court in K.S.Das v. State of Kerala [1992(2)KLT 358].

Accordingly, the Writ Appeal is dismissed.

(K.BALAKRISHNAN NAIR, JUDGE)

(C.T.RAVIKUMAR, JUDGE)

ps