High Court Kerala High Court

P.Salina vs State Of Kerala on 6 June, 2008

Kerala High Court
P.Salina vs State Of Kerala on 6 June, 2008
       

  

  

 
 
  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.
                       -------------------------------
                       WP(C).NO.16671 of 2008
                      ---------------------------------
              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 advice

WPC.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