JUDGMENT

Mohammed Nias.C.P. J.

The above writ appeal is filed by the petitioners in WP(C)No.5129 of 2021, aggrieved by the judgment dated 27.10.2022. The writ petition was filed by those included in the ranked list published by the Kerala Public Service Commission (PSC) for the post of Data Entry Operators (General Category) (Statewise) in the Apex Societies of the Co-operative Sector in Kerala. The ranked list came into force on 15.03.2018, and the appellants are stated to be figuring at the top in the ranked list. When the appellants were expecting their turn for appointment, there was an attempt from respondents 3, 6 and 7 to regularise the service of 180 temporary/contract employees in different posts including Data Entry Operator, and the said attempt was stalled by orders passed by this Court. There was also a prayer to direct respondents 2, 3, 6 and 7 to report all the vacancies of Data Entry Operator to the 4th respondent. By the time, the writ petition was heard only the 3rd and 4th prayers sought in the writ petitions were pressed as the respondents had undertaken before this Court that they will not regularise any temporary hands.

2. The 6th respondent had filed a counter affidavit stating that they do not have the post of Data Entry Operator as per the approved staff pattern.

3. The learned single Judge, who considered the matter held that there were no vacancies and none of them have been reported and only for the vacancies that were reported to the PSC before the expiry of the ranked list, there will be an obligation to advice the candidates from the expired ranked list. The ranked list had expired on 15.09.2021, and the appellants allege that 29 vacancies which were available were not reported on account on the failure of the 2nd and 3rd respondents. The appellants state that the submissions of the respondents that there were no vacancies ought not to have been accepted by the learned single Judge as at the time of filing of the writ petition on 25.02.2021, there were more than 27 vacancies with the District Co-operative Banks in the post of Data Entry Operator and the same is still available.

4. We heard Sri. C.A.Jojo, the learned counsel for the appellants, Sri.Bijoy Chandran, the learned Government Pleader for respondents 1 and 5, Sri.Gilbert George Correya, the learned standing counsel for respondents 2 and 3, and Sri.P.C.Sasidharan, the learned Standing Counsel for respondents

4 and 6.

5. As rightly found by the learned single Judge, the ranked list expired on 15.09.2021, and therefore, no direction could be issued to the PSC to advice candidates, as any such direction can be issued only against the vacancies which had already been existing and reported before the expiry. The learned counsel for the respondents assert that there are no vacancies or sanctioned posts and as such we cannot issue any direction as sought for by the appellants. The learned standing counsel appearing for the Kerala Bank submits that the vacancies as shown in Ext.P8 were prior to the amalgamation of the various District Co-operative Banks with the Kerala Bank, and subsequently there are re-structuring of the cadre and posts and presently there is no post as Data Entry Operator on its cadre.

6. Likewise, the learned standing counsel appearing for the COIRFED and the CONSUMERFED also assert that there are no vacancies available which they intend to fill. Under such circumstances, we do not find anything illegal in the judgment impugned in the writ appeal that warrants interference.

The writ appeal lacks merit and the same is dismissed.