IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1204 of 2007()
1. THE KERALA PUBLIC SERVICE COMMISSION,
... Petitioner
2. THE DISTRICT OFFICER, KERALA PUBLIC
Vs
1. KRISHNAN.P., AGED 40 YEARS,
... Respondent
2. THE DISTRICT CO-OPERATIVE BANK,
For Petitioner :SRI.ALEXANDER THOMAS,SC,KPSC
For Respondent :SRI.P.NARAYANAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :15/02/2010
O R D E R
Thottathil B.Radhakrishnan
&
P.S.Gopinathan, JJ.
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W.A.No.1204 of 2007
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Dated this the 15th day of February, 2010.
Judgment
Thottathil B.Radhakrishnan, J.
1.This appeal is by the Kerala Public Service
Commission and its District Officer.
2.The first respondent filed the writ petition
claiming that he is entitled to be appointed as
driver in the service of the second respondent
District Co-operative Bank on the premise that on
account of the occurrence of a vacancy in the
cadre of drivers, the bank was bound to report
such vacancy and the PSC was bound to advise
accordingly.
3.At the stage of admission of the writ petition,
an interim order was issued directing the bank to
WA1204/07 -: 2 :-
report four vacancies. That was done. Obviously,
that was to get over any possible situation where
available vacancy is not reported during the
currency of a list.
4.However, at final hearing, it is clearly noted on
the basis of the pleadings on record that there was
no room for any appointment from the list that was
in force at the time the writ petition was filed.
However, after dismissing the writ petition, the
learned single Judge directed that if the bank
proposes to purchase any vehicle and if any post of
driver arises in the bank, the writ petitioner
shall be appointed to that post without considering
the expiry of the rank list.
5.The rank list came into force with effect from
20.11.2002 and its validity expired on 19.11.2005.
The judgment itself was issued only on 18.10.2006.
6.With the aforesaid, the bank had also filed a writ
appeal which has since been withdrawn on the
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premise that the bank has purchased a vehicle. That
does not, however, improve the situation in favour
of the writ petitioner because in terms of the law,
there could not have been any direction to appoint
a person against a vacancy which arose after the
rank list expired. No direction could have been
issued to appoint “without considering the expiry
of the rank list”. Therefore, we are of the clear
view that the direction contained in the last
sentence of the last paragraph of the impugned
judgment is unsustainable. The same is liable to be
vacated.
In the result, this writ appeal is allowed vacating
the last sentence of the last paragraph of the
impugned judgment. No costs.
Thottathil B.Radhakrishnan,
Judge.
P.S.Gopinathan,
Judge.
Sha/1602