SURANDRAN Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) Judgment dated 13-3-1992, disposing of this Original Petition, has been set aside as per order on R.P.78 of 1992. Thereafter, learned counsel appearing on either side were heard in detail. Hence this revised judgment.

(2.) Short facts necessary for the disposal of the case arc as follows: Public Service Commission invited applications for the post of Operator in Kerala Water Authority in the district of Kannur. Petitioner, among others, applied for the post. While preparing the ranked list, Public Service Commission included the name of the petitioner in the supplementary list of Ezhavas with rank No.6. Main list consisted of 21 persons. That list was brought into force with effect from 9-1-1989. Managing Director, Kerala Water Authority reported 37 vacancies. As sufficient number of candidates were not available to be advised against the 37 vacancies, only 24 candidates could be advised. The advice was made on 30-1-1990. For advising the candidate, all those included in the main list got advised. Candidates upto rank No.5 in the supplementary list of Ezhavas were also advised. Candidates for 13 vacancies could not be advised as there was no candidate left in the main list for filling up the next open competition turn. Thereafter, as per letter dated 14-6-1991, Water Authority reported four non joining duty vacancies. That communication was received by the Commission on 17-6-1991. Later, one more non joining duty vacancy was reported on 23-12-1991. Since the main list was exhausted by 30-1-1990, no candidate was advised from the supplementary list for filling up the non joining duty vacancies. According to the Public Service Commission, supplementary, list can be operated on only if the main list is alive. If main list is not in existence, supplementary list can, under no circumstance be operated on.

(3.) From the counter affidavit of the Public Service Commission, five non joining duty vacancies reported by the Water Authority are seen to be of the following turns: