KALADHARAN AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) This bunch of writ appeals arise mainly from a common judgment passed by a learned Single Judge of this Court in W.P.(C)Nos. 39426/2016, 39425/2016, 39430/2016, 39429/2016, 39374/2016, 39338/2016, 39346/2016. The other appeals arise from the respective judgments in WP(C) Nos. 15467/2017, 2743/2017, 328/2017, 21566/2016, 31934/2016, 2928/2017, 31964/2016. The appellants are rank holders in various rank lists drawn district wise and published by the Kerala Public Service Commission, for appointment to the post of Electricity Workers (Mazdoor) in Kerala State Electricity Board. Admittedly, the extension of the life period of the lists concerned given by the Kerala Public Service Commission had expired on 31-12-2016. Prior to the expiry of such lists the appellants in the above appeals moved this Court by filing the above mentioned writ petitions praying, inter alia, for a direction to the Kerala State Electricity Board to report vacancies in the post of Electricity Worker (Mazdoor), so as to enable the Public Service Commission to advice candidates from the various lists concerned. True that in some of the writ petitions certain other aspects were highlighted and other reliefs were also sought for. However, when these appeals are taken up for consideration, in unison, it is submitted by the learned counsel appearing for all the appellants that it would be suffice if appropriate directions are issued taking in to account the judgment in WP(C) Nos. 4178 and 5344 of 2017.

(2.) For considering the aforesaid submissions in its true perspective it is only worthwhile to refer to the directions with the writ petitions were disposed by the aforementioned common judgment. As per the impugned common judgment, the learned Single Judge disposed of the writ petitions with the following directions:

(3.) Though various contentions have been raised in the appeals the learned counsel for the appellants submitted that it would be suffice if the direction of the learned Single Judge to advice candidates reported to PSC during the currency of the rank lists in accordance with law, treating the period of expiry of the lists as 31.12.2016, is appropriately modified taking note of the fact that the period of such lists was subsequently, extended till 30.06.2017. In fact, the other contentions raised in some of the writ appeals were not pressed into service and as already noticed, the learned counsel for the appellants agreed for disposal of the appeals only by considering the aforesaid prayer. The learned counsel appearing for the appellants submitted that the advice and appointment of a candidate from the lists concerned, could not be confined only against vacancies reported up to 31/12/2016 as the same learned Judge has passed yet another judgment in W.P.(C) Nos. 4178 and 5344 of 2017 whereby the period of validity of the same rank lists was extended till 30/06/2017. In Writ Appeal No. 2138 of 2017, the copy of the said judgment has been exhibited. Evidently, as per the judgment dated 19/06/2017 in the said writ petitions, the learned Single Judge declared that condition No.1 in Ext.P18, the order by which the Kerala Public Service Commission extended the validity of some other lists and excluded the lists concerned from the benefit of extension, is arbitrary and further declared that Ext.P2 to Ext.15, referred as such therein, which are the lists in one or the other the appellants figure, are entitled to the benefit of extension granted as per Ext.P18, referred as such therein. It is submitted by the learned counsel appearing for the appellants that, since, the validity of the rank lists in which the appellants figure was extended as per the judgment in W.P.(C) Nos. 4178 and 5344 of 2017 they are also entitled to get the benefit of the said extension. It is further submitted that, feeling aggrieved by the judgment in those Writ Petitions, the Kerala Public Service Commission had, unsuccessfully, taken up the matter in appeal. W.A. No. 1757 of 2017 filed against the judgment in W.P.(C) No. 4178 of 2017 and connected writ petitions and writ appeals were dismissed by the Division Bench, virtually, confirming the judgment passed by the learned Single Judge. Shortly stated, the validity of the lists concerned wherein the appellants were assigned different ranks, now, stands extended till 30/6/2017. The apprehension of the appellants is that even then, since, their writ petitions were disposed of with definite directions to consider them for advice and appointment against the vacancies which were reported only up to 31/12/2016 without a further clarification based on the judgment in W.P.(C) Nos. 4178 and 5344 of 2017 they may not be considered for advice and appointments occurred/occurring subsequent to 31.12.2016. This apprehension of the appellants cannot be said to be baseless. There can be no doubt that in view of the extension of the period of validity of the ranked lists concerned when the appellants' names figure they are also entitled to be considered for advice and appointment against vacancies if any, reported in between 31/12/2016 and 30/06/2017, certainly subject to their ranks and rules of reservation.