BALAKRISHNAN Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) These original petitions were referred to the Division Bench as they raise important questions of law. The main relief prayed for in these writ petitions is for a writ of mandamus or any other writ or order directing the Government to extend the validity period of the P.S.C. rank list of L.D. Clerks for appointment in the various departments and to take necessary steps to report the vacancies to the Public Service Commission so that the petitioners may be given advice memo by the P.S.C. Other incidental reliefs have also been prayed for in these petitions.

(2.) Except O.P.Nos. 13670 and 2252 of 1993 and O.P.153 of 1994, all writ petitions relate to appointment of L.D. Clerks. O.P.No. 13670 of 1993 and O.P.No.2252 of 1993 relate to appointment of Last Grade employees and O.P.No. 153 of 1994 relates to the appointment of Panchayat Executive Office Gr.II.

(3.) We shall briefly refer to the relevant facts in each case. O.P.No.6633 of 1993 relates to the appointment of L.D: Clerks in Ernakulam District. Notification was invited on 10-5-88 and written test was conducted on 22-7-89. Ranked list was published on 19-6-90 and the main list contained 914 candidates and the supplementary list contained 106 candidates. The names of petitioners 1 to 13 are included in the main list and the names of petitioners 14 to 17 are in the supplementary list. It is alleged that advice memo was issued to 369 candidates from the main list and to 42 candidates from the supplementary list. The original petition was filed on 17-5-1993 alleging that the authorities are not reporting the vacancies to the Public Service Commission due to extraneous reasons. According to these petitioners, the vacancies are filled up by ad hoc appointment or by inter district transfers. Petitioners alleged that at the date of filing the original petition there were 106 vacancies and they were not reported to the Public Service Commission and if the list is expired they would be denied employment. Petitioners wanted to extend the period of the ranked list for six months and they filed CM.P.No. 11484 of 1993. The learned single Judge extended the validity of the ranked list upto 15-11-1993. The 2nd respondent, the District Collector, Ernakulam filed a counter affidavit giving the details regarding the reporting of vacancies to the P.S.C.