KERALA PUBLIC SERVICE COMMISSION Vs. JELPHY

JUDGEMENT

(1.) Two among the captioned Writ Appeals are by the State of Kerala. The others are by the Kerala Public Service Commission, for short, "PSC". Though different judgments are under challenge in these Writ Appeals, the basic facts, contentions and arguments are common. Sequence of events and litigations which has led to the present situation also lies intertwined and evidenced by the materials in these different Writ Appeals. Therefore, these matters are consolidated and heard with consent of parties. P.S.C. issued gazette notification dated 30.12.2006 with Category No. 168/2006 for district-wise recruitment of Lower Division Clerks to various departments in different districts. The method of appointment is by direct recruitment.

(2.) During the currency of that ranked list, different Writ Petitions were filed by the rank holders in the list for one or some of the districts, contending that the posts of "Warden" in the Scheduled Tribes Development Department are in addition to the cadre of Clerks and therefore, vacancies in that category may also be ordered to be reported for being advised.

(3.) At one stage, in W.P. (C). No. 15115 of 2004, this Court held that persons in the ranked list for Lower Division Clerks cannot be advised for appointment as Warden. However, in W.P.(C). No. 30967 of 2007, the Director of the Scheduled Tribes Development Department filed a statement before this Court to the effect that keeping the vacancies of Warden unfilled is detrimental to the interest of the department and therefore, considering the fact that the post of Warden is an addition to the cadre of clerks, the department craved leave of this Court to report the vacancies of Warden which are additional posts in the cadre of clerks in the department as per the Special Rules, to the P.S.C. and to post the candidates advised by the P.S.C. from the list of Lower Division Clerks as Wardens as against the vacancies. That was the stand taken by the Government through the Director of Scheduled Tribes Development Department in the said case relating to Wayanad district. This Court, therefore, by judgment dated 5.12.2007, ordered that Writ Petition directing such reporting of vacancies.