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1994 Supreme(Ker) 32

Judges : M.JAGANNADHA RAO,K.G.BALAKRISHNAN
Balakrishnan - Appellant
Versus
Public Service Commission - Respondent
Case No : O.P.Nos. 1956, 2252 etc. of 1993
Decided On : 01/24/1994
Advocates Appeared :
M.K.S. Menon, Seemanthani, Pirappancode V. Sreedharan Nair & S.P. Aravindakshan Filial For Petitioners M.K. Damodaran & Govt. Pleader (V. Bhaskara Menon) For Respondents

The main legal point established in the judgment is that vacancies should be reported before the expiry of the ranked list, and the petitioners were not entitled to appointment after the expiry of the list.

Headnote:

Mandamus - Appointment of L.D. Clerks and Last Grade Servants - Rule 14 of the P.S.C. Rules of Procedure - Validity of ranked list - Reporting of vacancies to the Public Service Commission - Court's interpretation of Rule 14 and its application - Court's decision on the entitlement to appointment after the expiry of the ranked list

Fact of the Case:

The original petitions relate to the appointment of L.D. Clerks and Last Grade Servants in various districts of Kerala. The petitioners sought a writ of mandamus to direct the Government to extend the validity period of the ranked lists and to report the vacancies to the Public Service Commission for appointment.

Finding of the Court:

The Court held that vacancies should be reported before the expiry of the ranked list, and the Public Service Commission is not competent to issue advice memo for vacancies reported after the expiry of the list. The Court also found that the petitioners were not entitled to appointment after the expiry of the ranked list.

Issues: The main issue was whether the appointing authority can report vacancies after the expiry of the ranked list and whether the petitioners were entitled to appointment after the expiry of the list.

Ratio Decidendi: The Court interpreted Rule 14 of the P.S.C. Rules of Procedure and held that vacancies should be reported before the expiry of the ranked list. The Court also emphasized that the petitioners were not entitled to appointment after the expiry of the list.

Final Decision: The Court dismissed all the original petitions except for one, where the petitioner was directed to be appointed as L.D. Clerk when her turn comes.

Judgment :-

Balakrishnan, J.

These original petitions were referred to the Division Bench as they raise important questions of law. The main relief prayed for in these writ petitions is for a writ of mandamus or any other writ or order directing the Government to extend the validity period of the P.S.C, rank 1st of L.D. Clerks for appointment in the various departments and to take necessary steps to report the vacancies to the Public Service Commission so that the petitioners may be given advice memo by the P.S.C. Other incidental reliefs have also been prayed for in these petitions.

2. Except O.P.Nos.13670 and 2252 of 1993 and O.P.153 of 1994, all writ petitions relate to appointment of L.D. Clerks. O.P.No. 13670 of 1993 and O.P.No. 2252 of 1993 relate to appointment of Last Grade employees and O.P.No. 153 of 1994 relates to the appointment of Panchayat Executive Office Gr.II.

3. We shall briefly refer to the relevant facts in each case. O.P.No. 6633 of 1993 relates to the appointment of L.D. Clerks in Ernakulam District. Notification was invited on 10-5-88 and written test was conducted on 22-7-89. Ranked list was published on 19-6-90 and the main list contained 914 candidates and the supplementary list contained 106 candidates. The names of petitioners 1 to 13 are included in the main list and the names of petitioners 14 to 17 are in the supplementary list. It is alleged that advice memo was issued to 369 candidates from the main list and to 42 candidates from the supplementary list. The original petition was filed on 17-5-1993 alleging that the authorities arc not reporting the vacancies to the Public Service Commission due to extraneous reasons. According to these petitioners, the vacancies are filled up by ad hoc appointment or by inter-district transfers. Petitioners alleged that at the date of filing the original petition there were 106 vacancies and they were not reported to the Public Service Commission and if the list is expired they would be denied employment. Petitioners wanted to extend the period of the ranked list for six months and they filed C.M.P.No.11484 of 1993. The learned single judge extended the validity of the ranked list upto 15-11-1993. The 2nd respondent, the District Collector, Ernakulam filed a counter-affidavit giving the details regarding the reporting of vacancies to the P.S.C.

4. O.P.No. 7744 of 1993 relates to the appointment of L.D.Clerks in the various departments in Alappuzha District. The ranked list was published on 19-6-90 and the petitioner is ranked as 231. It is alleged that persons holding rank Nos. upto 210 were appointed and even now there are large number of vacancies and, therefore, there shall be a direction to report the vacancies to the P.S.C. Petitioner filed C.M.P.No.13613 of 1993 and the learned single judge initially extended the period of ranked list for one month and thereafter further orders were passed and the period of the ranked list was extended upto 15-11-93.

5. O.P.No. 7800 of 1993 relates to the appointment of L.D. Clerk in the various departments in Trichur District. In this case also the ranked list was published on 19-6-90 and it contained 794 candidates. 296 candidates were all ready appointed. Petitioners 1 to 8 are included in the ranked list but they were not given appointment. According to the petitioners, there are about 53 vacancies in the various departments. Petitioners filed CMP.No.13703 of 1993. The learned single judge by various interim orders extended the validity of the ranked list upto 15-11-93.

6. O.P.No. 13722 of 1993: Petitioner was rank No.732 in the list for appointment as L.D. Clerk in Trichur District. Petitioner received Ext. P2 advice memo on 1-5-93. Petitioner prays that she was not given appointment and, therefore, seeks for appropriate direction from this Court.

7. The names of the petitioners in O.P.6941 of 1993 are included in the ranked list for appointment as L.D.Clerks in Kollam District. The ranked list was to expire on 18-6-93 and


































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