RAJAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) A common question arises in these two Original Petitions.

(2.) The petitioner in the former original Petition claims to be the Secretary of an Association by name Kerala State Electricity Board Mazdoor Rank Holders Association. The petitioner in the other case is a rank holder in a select list of Mazdoors. The contention in the Original Petitions is that pursuant to a Notification issued by the Kerala Public Service Commission, on 29-8-1989 a select list was prepared by the PSC for the post of Mazdoor in the KSEB on 23-1-1996; that the list was valid till 22-1-1999 and that while there existed 67 vacancies of Mazdoors in the Wayanad District, the KSEB, without reporting the vacancies to the PSC for advice was proceeding to get a fresh list pursuant to Ext.P6 Notification. During hearing, it was pointed out that under Ext.P10, a new list has, in fact, come into force on 29-10-01 and that all the same, the petitioners, by virtue of the interim orders passed in these cases are entitled to get the vacancies which were available as on 22-1-1999 filled up from the old list itself.

(3.) The stand of the respondents is that there was no vacancy available as on 22-1-1999 which could be filled up from the old list and that while placing requisition with the PSC for fresh recruitment of Mazdoors in respect of other Districts, the Board had not made any Mazdoor in Kalpetta and that the PSC proceeded to make a common select list without specific requisition taking into account the possible vacancies that might arise in future and that is how Ext.P10 has come into vague.