JUDGMENT

The petitioner contends that he is presently working as the Secretary of the Kottakkal Janakeeya Co-operative Urban Society Ltd. No.M.645, Kottakkal. His grievance in this writ petition concerns the inaction on the part of the respondents in not completing the process of appointment by issuing advice memo by the 3rd respondent and in reporting the vacancy by the 2nd respondent. He has approached this court seeking the following reliefs:

i) Issue a writ of mandamus or other writ or order or direction directing the respondents 2 to 4 to complete the process of selection and appointment pursuant to Ext.P2 to P4 orders by filling up the vacancies immediately.

2. A statement has been filed by the 2nd respondent as directed by this Court. It is stated that Ext.P1 Rank List, which is relied on by the petitioner herein, was published by the Public Service Commission (PSC) on 06.09.2011. The list, however, expired on 05.09.2014. By Ext.P2 order dated 11.02.2015, this Court had issued directions to the respondents to report 10 vacancies of Peon and 4 vacancies of Watchman in the Malappuram District Co-operative Bank to the PSC. It was ordered that “this reporting shall be provisionally and based on the reporting, the Kerala Public Service Commission need not advice any candidates unless it is directed to do so by the Court”. Pursuant to the directions issued as aforesaid, 10 vacancies of Peon and 4 vacancies of Watchman were reported to the PSC on 05.03.2015. However, the PSC has not issued any advice to the reported vacancies.

3. Later, based on the order issued by this Court in W.P.(C) No.5838 of

2014 dated 04.02.2020, the vacancies were again reported to the PSC. Consequent to the same, on 07.09.2020, appointment orders have been issued to two persons. However, they did not join duty. Later, based on the advice dated 10.09.2021, six persons were given appointment orders and out of which, 5 persons joined duty. However, the petitioner is not included. Considering the financial difficulties faced by the societies and as there is no valid rank list in force, the NJD vacancies were not reported to the PSC. The Director Board of the Bank, as per resolution No.11 dated 03.02.2022 has decided against reporting of vacancies due to financial difficulties. It is the discretion of the employer to decide as to whether the existing vacancies are to be filled up or not and that this Court will not be justified in issuing a mandamus to fill up the vacancies. Finally, it is stated that as there is no rank list in force, the petitioner has no right to claim appointments.

4. I have considered the submissions advanced by Sri. P.P. Jacob, the learned counsel appearing for the petitioner, Sri. E.S.M.Kabeer, the learned Standing Counsel appearing for the 2nd respondent and Sri. P.C. Sasidharan, the learned Standing Counsel appearing for the Kerala Public Service Commission.

5. Sri. P.P. Jacob, the learned counsel appearing for the petitioner, submitted that directions be issued to the 2nd respondent to report the NJD vacancies to the PSC.

6. In response, Sri. E.S.M Kabeer, the learned counsel appearing for the

2nd respondent submitted that due to the financial difficulties, the Director Board has already taken a decision not to report the vacancies. It is also stated that the Rank List has expired and in that view of the matter, the petitioner is not entitled to any reliefs.

7. I have considered the submissions. Admittedly, the rank list has expired. A decision has also been taken by the Director Board not to report the vacancies due to financial difficulties. The rank list having expired and its validity having not been extended, the relief as prayed for cannot be granted to the petitioner. (See Deepa Keyes and Kerala State Electricity Board [2007 (4) KLT 111]).

In that view of the matter, the petitioner is not entitled to the relief prayed for. This writ petition will stand dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS APPENDIX OF WP(C) 30909/2021 PETIT