Liju Madambi and others v. State of Kerala and Kerala Public Service Commission and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT :** **THE HONOURABLE MR. JUSTICE ANTONY DOMINIC** **THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932** ## **WP(C).No. 33902 of 2009(G)** **---------------------------------------** **PETITIONERS:** **---------------------** **1. LIJU MADAMBI, CHONEDAN HOUSE, NANDIPULAM P.O., THRISSUR-680 319.** ## **2. SUNANDA N.K.,** **W/O.SURESH BABU V.G., VALIYAPARAMBIL HOUSE, K.A.U P.O., VELLANIKKARA, THRISSUR-680 656.** ## **3. AJEESH E.P.,** **ERINJIKKATTUPADI HOUSE, KALLURMA, NANNAMMUKKU P.O., MALAPPURAM-679 575.** ## **4. SWAPNA N.R., KANAKKASSERY HOUSE,** **KUNNAPPILLY P.O., THRISSUR-680 311.** ## **5. MANJU MANOHARAN K.,** - **W/O.T.C.SANTHOSH, THYVALAPPIL HOUSE, THALIYAKONAM, MADAYIKONAM-680 712.** ## **6. ABILASH N.D.,** - **SREEPADAM, KURAVATH HOUSE, MANALUR P.O., THRISSUR-680 617.** ## **7. SELVI P.H.,** - **PADINCHERI HOUSE, PULLUT P.O., CHAPPARA, THRISSUR-680 663.** ## **BY ADV. SRI.P.C.SASIDHARAN.** ## **RESPONDENTS:** **------------------------** ## **1. STATE OF KERALA,** **REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.** ## **W.P.(C). NO.33902/2009-G:** ## **2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.** ## ***a ADDL. R3 IMPLEADED:** ## **3. MANOJ.J, NEELALANAZHI PUTHEN VEEDU, MANNADI, ADOOR, PATHANAMTHITTA DIST.** ## ***a IS IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER ORDER DT. 28/1/10 IN I.A. NO. 1015/10.** ## ***b ADDL. R4 TO R.12. IMPLEADED:** **4. ANIL.K.S., THUNDIL VEEDU, HARIHARAPURAM.P.O., AYIROOR, VARKALA, THIRUVANANTHAPURAM DIST.** **5. SREEKUMAR .S, SREE BHAVAN, KALLARAKADAVU, PATHANAMTHITTA.P.O., PATHANAMTHITTA DISTRICT.** **6. SAGAR.V.L., P.B. NIVAS, AGROOPARA.P.O., PUTHENCODE, THIRUVANANTHAPURAM DIST.** **7. KRISHNAKUMAR V.R., ARUN NIVAS, MARUTHOORKULANGARA (SOUTH), ALUMKADAVU.P.O., KARUNAGAPPALLY.** **8. ASHA.K.P, KRISHNA VILASAM, PATHIYOOR KALA, KEERICKAD.P.O., ALAPPUZHA DISTRICT, PIN – 690 508.** **9. SUBASH KUMAR.K., KANNANVILA PUTHEN VEEDU, PAYYANAMON, KONNI, PATHANAMTHITTA.** **10. SHEEBA YESUDAS, ROSE HOUSE, KUMBALAM, MULAVANA, KOLLAM, PIN – 691 503.** **W.P.(C). NO.33902/2009-G:** **11. NASEEMA BEEVI E.N., EATTIVILA HOUSE, THONDIYANMANNU, POONKULANJI.P.O., PATHANAPURAM, KOLLAM DISTRICT – PIN – 689 695.** **12. JAYAPRAKASH.C, PRAKASH BHAVAN, ERAVIPURAM.P.O., THEKKUBHAGAM, KOLLAM – 11.** ## ***b R.4 TO R.12 ARE IMPLEADED AS ADDITIONAL RESPONDENTS AS PER ORDER DT. 28/01/10 IN I.A. NO. 1200/10.** ## ***c ADDL. RESPONDENTS 13 TO 41 IMPLEADED:** **13. MANOJ KUMAR.T.P, THEVER PARAMBIL (HOUSE), AYYAPANKANDIPARAMBA, KOLATHARA POST, PIN – 673 655, KOZHIKODE.** **14. FEMINA.M, NAVODAYA (H), ODAYAMANGALAMVAYAL, AREEKKAD, NALLALAM.P.O.** **15. SAYUJA KUMARI.T., CHAITHRAM, HAY DAY ROAD, CHEVAYUR.P.O., CALICUT – 673 017.** **16. JAYASREE V.S., SAI SRUTHI, PANTHALAYANI, KOYILANDY.** **17. JISHA.P.K., POTTUVADAN KANDY (H), M.M. STREET, KOYILANDY.** **18. PRIYA.M.N., D4 – PORT STAFF QUARTERS, BEYPORE.P.O., B.C. ROAD.** **19. ANUSH.T.O., THEKKE OTHAYOTH (H), BALUSSERY.P.O., KOZHIKODE – 673 612.** ## **W.P.(C). NO.33902/2009-G:** |**20.**|**SHEMI. A.S,**| |---|---| ||**VELIKAKATHU (H),**| ||**PUNNAKAL.P.O.,**| ||**THIRUVAMBADY.,**| ||**KOZHIKODE.**| |**21.**|**SITHARA VENUNATH.K.P.,**| ||**CHAITHRAM,**| ||**KALLAI.P.O.,**| ||**KUNNAMANGALAM,**| ||**CALICUT.**| |**22.**|**E.P. MUJEEBRAHMAN,**| ||**EDIYIL PEEDIKAYIL (H),**| ||**KARANTHUR.P.O.,**| ||**KUNNAMANGALAM,**| ||**CALICUT.**| |**23.**|**SHOUKATH ALI.K. KALARIKANDIYIL,**| ||**KALARIKANDY (H),**| ||**PILASSERY.P.O.,**| ||**KUNNAMANGALAM,**| ||**KOZHIKODE DISTRICT.**| |**24.**|**JYOTHYLAKSHMI,**| ||**KANNARAMBATH HOUSE,**| ||**CHATHAMANGALAM.P.O.,**| ||**KOZHIKODE – 673 601.**| |**25.**|**SUNILA.P.N.,**| ||**PADINHARE NADUVIL KANDIYIL (H),**| ||**CHATHAMANGALAM.P.O.,**| ||**R.E.C. (VIA.,)/ PIN.673 601,**| ||**KOZHIKODE DISTRICT.**| |**26.**|**ANITHA KOODEETHIL,**| ||**KUNIYIL (H),**| ||**CHAMBALA.P.O.**| |**27.**|**JAYALAKSHMI.K.,**| ||**KUNHIKULAM VAYAL (H),**| ||**EAST PUTHIYAPALAM,**| ||**GOVINDAPURAM.P.O.,**| ||**KOZHIKODE, PIN – 673 016.**| |**28.**|**SUHARABI.K.P.,**| ||**THAZHATHE PURAYIL (H),**| ||**KANNANKARA.P.O.,**| ||**CHELANNUR (VIA),**| ||**KOZHIKODE DIST.,**| ||**PIN – 673 616.**| **29. SUBISHA.V.V., VADAKKE VELLILATT, PANTHALAYANI, QUILANDI, KOZHIKODE, PIN – 673 305.** **W.P.(C). NO.33902/2009-G:** **30. BINDU.M., SAROJ BHAVAN, MAYANAD.P.O., KOZHIKODE, PIN 673 008.** **31. SHEEJA.K., KACHOOTTIL HOUSE, CHETTIPPADI.P.O., NEAR G.C.P.S. ANAPPADI, MALAPPURAM DIST., PIN – 676 319.** **32. REMYA RAVEENDRAN, MOONAMTHODE (H), THAMARASSERY.P.O., KOZHIKODE, PIN – 673 573.** |**33.**|**SAJNA.K.,**| |---|---| ||**DARUL AMAN (H),**| ||**UNNIKULAM.P.O.,**| ||**PERINGALAM VAYAR,**| ||**PIN – 673574.**| |**34.**|**RASHEED.K.P.,**| ||**KAUVARAPOTTAMMEL (H),**| ||**MATTANCHERY.P.O.,**| ||**NARIKUNNI, KOZHIKODE.**| |**35.**|**DIGESH KUMAR.M.,**| ||**MALAYIL (H),**| ||**PUNNASSERY.P.O.,**| ||**NARIKKUNI (VIA.),**| ||**PIN – 673 585.**| |**36.**|**JISHA.N.V.,**| |---|---| ||**SREENANDA,**| ||**NELLICODE.P.O.,**| ||**KOZHIKODE,**| ||**PIN – 673 016.**| |**37.**|**SHALINI.A.,**| ||**EDAKKANDY (H),**| ||**THATTANKANDY PARAMBA,**| ||**EDAKKAD.P.O.,**| ||**PIN – 673 005.**| **38. BIJU.K., KAMBALATH (H), KUMARANELLUR.P.O., MUKKAM, KOZHIKODE DISTRICT. 39. MANEESH.P.S., NISHNA, FLORICAN ROAD, KARAPARAMBA, CALICUT – 10.** **W.P.(C). NO.33902/2009-G:** **40. SAJEEVAN.K., KUNNATH (H), KAKKANCHERY.P.O., KOYILANDY., KOZHIKODE.** **41. MANOJ KUMAR.P.M., SHAN VILLA, PONMANIKOTTLE PARAMBA, KAKKODI.P.O., KOZHIKODE , KERALA – 673 611.** - ***c R.13 TO R.41 ARE IMPLEADED AS ADDL. RESPONDENTS AS PER ORDER DTD. 01/03/2010 IN I.A. NO. 2861/2010.** **R1 BY GOVT. PLEADER SRI. ANTONY MUKKATH,** **R2 BY SRI.ALEXANDER THOMAS,SC,KPSC, ADDL. R3 TO R12 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR, ADDL.R13 TO R41 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.S.A.ANAND.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, ALONG WITH W.P.(C). NO. 5195 OF 2010,THE COURT ON 22/07/2010 DELIVERED THE FOLLOWING:** **W.P.(C). NO.33902/2009-G:** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** ## **EXT.P.1: COPY OF THE GAZETTE NOTIFICATION WITH CATEGORY NO. 500/2007.** ## **EXT.P.2: COPY OF THE HALL TICKET ISSUED TO THE P.1. (OVERSEER GRADE-III IN THE PANCHAYATH DEPARTMENT).** **EXT.P.2.A: COPY OF THE HALL TICKET ISSUED TO THE P.2. -DO-.** **EXT.P.2.B: COPY OF THE HALL TICKET ISSUED TO THE P.3. -DO-.** **EXT.P.2.C: COPY OF THE HALL TICKET ISSUED TO THE P.4. -DO-.** **EXT.P.2.D: COPY OF THE HALL TICKET ISSUED TO THE P.5 -DO-.** **EXT.P.2.E: COPY OF THE HALL TICKET ISSUED TO THE P.6 -DO-.** **EXT.P.2.F: COPY OF THE HALL TICKET ISSUED TO THE P.7 -DO-.** **EXT.P.3: COPY OF THE GAZETTE NOTIFICATION WITH CATEGORY NO. 424/2007.** **EXT.P.4: COPY OF THE HALL TICKET ISSUED TO THE P.1. (PUBLIC WORKS OVERSEER GRADE-II/DRAFTSMAN GRADE II/TOWN PLANNING SURVEYOR GRADE-II/WATER WORKS INSPECTOR GRADE II IN THE KERALA MUNICIPAL SERVICE.** **EXT.P.4.A: COPY OF THE HALL TICKET ISSUED TO THE P.2. -DO-.** **EXT.P.4.B: COPY OF THE HALL TICKET ISSUED TO THE P.3. -DO-.** **EXT.P.4.C: COPY OF THE HALL TICKET ISSUED TO THE P.4. -DO-.** **EXT.P.4.D: COPY OF THE HALL TICKET ISSUED TO THE P.5. -DO-.** **EXT.P.4.E: COPY OF THE HALL TICKET ISSUED TO THE P.6 -DO-.** **EXT.P.4.F: COPY OF THE HALL TICKET ISSUED TO THE P.7 -DO-.** **EXT.P.5: COPY OF THE GAZETTE NOTIFICATION WITH CATEGORY NO. 89/2007.** **EXT.P.6: COPY OF THE HALL TICKET ISSUED TO THE P.2. (DRAFTSMAN GRADE-II/TOWN PLANNING SURVEYOR GRADE-II IN THE TOWN AND COUNTRY PLANNING DEPARTMENT).** **EXT.P.7: COPY OF THE HALL TICKET ISSUED TO THE P.4. -DO-.** **EXT.P.6.B: COPY OF THE HALL TICKET ISSUED TO THE P.5. -DO-.** **EXT.P.6.C: COPY OF THE HALL TICKET ISSUED TO THE P.6 -DO-.** **EXT.P.7: COPY OF THE G.O.(P).NO.272/2007/LSGD DTD. 27/11/2007.** **EXT.P.8: COPY OF THE G.O.(MS).NO.96/09/LSGD DTD. 04/06/2009.** **W.P.(C). NO.33902/2009-G:** ## **EXT.P.9: COPY OF THE GAZETTE NOTIFICATION WITH CATEGORY NO. 218/2005.** **EXT.P.10: COPY OF THE GAZETTE NOTIFICATION WITH CATEGORY NO.219/2005.** **EXT.P.11: COPY OF THE NOTIFICATION DTD. 21/10/2008.** **EXT.P.12: COPY OF THE NOTIFICATION DTD. 01/12/2008.** ## **RESPONDENTS' EXHIBITS:** ## **EXT.R2.A: COPY OF THE LETTER DT. 30/10/2010 OF LSG DTPT.,** **EXT.R2.B: COPY OF THE LETTER DT. 30/06/2009 OF LSG DEPT.,** **EXT.R2.C: COPY OF THE LETTER DT. 19/02/2010 OF LSG DEPT.,** ## **EXT.R3.A: COPY OF THE NOTIFICATION NO. 331/2008/ER III DTD. 01/12/2008.** **EXT.R3.B: COPY OF THE RELEVANT EXTRACT OF THE RANK LIST PUBLISHED ALONG WITH EXT.R3.A.** **EXT.R3.C: COPY OF THE G.O.(P).NO.262/2009/FIN. DTD. 04/07/2009.** **EXT.R3.D: COPY OF THE G.O.(MS).NO.282/08/LSGD DTD. 25/10/2008.** **EXT.R3.E: COPY OF THE LETTER NO. E6-6400/08/CE/LSGD DTD. 21/11/2008 OF THE CHIEF ENGINEER, LSGD.** **EXT.R3.F: COPY OF THE LETTER NO. RE III (1) 53/09 DTD. 19/09/2009 OF THE P.S.C.** **EXT.R3.G: COPY OF THE STATEMENTS FILED BEFORE THE LOK AYUKTA IN COMPLAINT NO. 1225/2009 ACKNOWLEDGING THE DEPLOYMENT OF 800 POSTS FROM PWD TO LSGD.** **EXT.R3.H: COPY OF THE STATEMENT DTD. 09/11/2009 FILED BEFORE THE LOK AYUKTA IN COMPLAINT NO. 1225/2009, ACKNOWLEDGING THE DEPLOYMENT OF 800 POSTS FROM IRRIGATION DEPARTMENTS TO LSGD.** **EXT.R3.I: COPY OF THE ORDER NO. E6/2003/08/CE/LSGD (1) DTD. 05/07/2008 OF THE CHIEF ENGINEER, LSGD, THIRUVANANTHAPURAM.** **EXT.R3.J: COPY OF THE G.O.(MS).NO.96/09/LSGD DTD. 04/06/2009.** **EXT.R3.K: COPY OF THE DETAILS OF THE STAFF PATTERN OF THE ENGINEERING CADRE IN THE THREE TIER PANCHAYAT.** **EXT.R3.L: COPY OF THE DETAILS OF THE STAFF PATTERN IN THE POVERTY ALLEVIATION UNITS.** **EXT.R3.M: COPY OF THE DETAILS OF THE STRENGTH OF OVERSEERS IN THE EXISTING PANCHAYAT DEPARTMENT AND DEPLOYED TO LSGD.** **EXT.R3.N: COPY OF THE STATEMENT CONTAINING SEPARATELY THE EXISTING POST OF OVERSEER GRADE III IN PANCHAYAT DEPARTMENT.** **W.P.(C). NO.33902/2009-G:** **EXT.RE.O: COPY OF THE LETTER DTD. 08/04/2010 OF SREEVALSAM.V.S. ADDRESSED TO THE CHIEF ENGINEER, PWD.** **EXT.R3.P: COPY OF THE LETTER NO. 08M2/7074/2010 DTD. 28/05/2010 OF THE STATE PUBLIC INFORMATION OFFICER AND ADMINISTRATIVE (GENERAL) ATTACHED TO THE OFFICE OF THE CHIEF ENGINEER, PWD.** ## **//TRUE COPY//** **P.S. TO JUDGE.** **Prv.** ## **ANTONY DOMINIC, J. ================ W.P.(C) NOs. 33902 OF 2009 & 5195 OF 2010 =======================** ## **Dated this the 22[nd] day of July, 2010** ## **J U D G M E N T** Issues raised in these writ petitions are similar, and therefore, these cases were heard together and are disposed of by this common judgment. 2. Petitioners in WP(C) No.33902/2009 are Diploma holders/National Certificate holders in Draftsman Civil (ITI). Ext.P1 is a vacancy notification issued by the PSC for filling up the post of Overseer Grade III in the Panchayat Department. This notification shows that a total of 5 vacancies were indicated to be available in Kollam, Trichur, Malappuram and Kasargod Districts. In the District wise selection thus proposed, petitioners applied, and were called for a written test that was held on 10/7/09. Ext.P2 series are the hall tickets issued to them. Ext.P3 is another notification issued by the PSC for filling up the post of Public works Overseer Grade II/Draftsman Grade II/ Town Planning Surveyor Grade II/Water Works Inspector Grade II in the Kerala Municipal Service. It was a State wise selection **WPC Nos. 33902/09 & 5195/10** **:2 :** and the petitioners who applied for the post were issued Ext.P4 series of hall tickets. Ext.P5 is yet another notification issued by the PSC for selection to the post of Draftsman Grade II/Town Planning Surveyor Grade II in the Town and Country Planning Department. It is stated that petitioners 2, 4, 5 and 6 applied for the post and that Ext.P6 series of hall tickets were issued to them for the written test. 3. While the selection in pursuance to Exts.P1, P3 and P5 notifications was thus under way, by Ext.P7 notification dated 27/11/2007, Special Rules were framed for the Kerala Local Self Government Engineering Subordinate Services and the Rules came into force w.e.f. 1/1/2008. Rule 2 shows that the Kerala Local Self Government Engineering Subordinate Services is constituted by absorbing Engineering wing of the Kerala Panchayat Subordinate Services, Kerala Municipal Common Service (Engineering and town Planning Services) and the excess staff of the Kerala Engineering Subordinate Services consequent to the transfer of functions and responsibilities of Government to the Local Government Institutions. Subsequently, **WPC Nos. 33902/09 & 5195/10** **:3 :** by Ext.P8, the Government revised the cadre strength of Local Self Government Engineering cadre in the manner as indicated therein and its Annexure. 4. Petitioners submit that in 2005 and 2008, pursuant to Exts.P9 and P10 notifications issued by the Public Service Commission, selection was held and Exts.P11 and P12 ranked lists were published for appointment to the posts of Draftsman Grade II/Overseer (Civil) and Overseer Grade III/Tracer in the PWD and Irrigation Departments. 5. According to the petitioners, the right of the candidates included in Exts.P11 and P12 ranked lists is to be advised only against the vacancies in the PWD and Irrigation Departments in respect of which these ranked lists have been finalised and published. However, the PSC was proceeding to advise candidates from Exts.P11 and P12 ranked lists against the vacancies reported from the Local Self Government Department. It was contended that if that happens, the valuable rights of the petitioners will be defeated, and therefore, the proposal of the PSC was illegal. It is in this background, petitioners have filed **WPC Nos. 33902/09 & 5195/10** **:4 :** the writ petition and they seek a declaration that the candidates included in Exts.P11 and P12 ranked lists for posts in the Public Works/Irrigation Departments are not entitled to be advised to the vacancies reported from Local Self Government Department and that the Commission cannot advise candidates from a ranked list prepared for a particular Department to any other Department. They also seek a direction to the PSC to finalise the selection initiated on the basis of Exts.P1, P3 and P5 notifications and to advise candidates to the vacancies reported from Local Self Government Department. 6. In the statement filed on behalf of the 1[st] respondent, they say that various developmental activities under the Public Works and Irrigation Departments were transferred to Local Self Government Department. As a result, number of employees in the Public Works and Irrigation Departments were rendered excess and that, initially, they were deployed to various offices under the LSGD. It is stated that after the Special Rules were framed, they were absorbed in the new Engineering cadre formed in the LSGD. It is stated that as such 150 posts each **WPC Nos. 33902/09 & 5195/10** **:5 :** under the category of Overseer/Draftsman Grade I and Overseer/Draftsman Grade II in the PWD were absorbed in the LSGD. It is also stated that 400 Overseer/Draftsman Grade III in the PWD were absorbed in the LSGD, that 200 posts of Overseer/Draftsman Grade I, 224 posts of Overseer/Draftsmen Grade II, 400 posts of Overseer/Draftsman Grade III were also transferred from Irrigation Department for permanent absorption in the LSGD. It is stated that these transferred posts were consequently abolished in the respective parent departments and that since developmental activities have been transferred to it, LSGD is in need of large number of technical hands. It is on these grounds, the 1[st] respondent is seeking to justify the impugned action. 7. The stand taken by the PSC is that the Local Self Government Department wanted immediate advise of the candidates, and therefore, taking into account the urgency and the facts as stated by the Government in its affidavit, PSC decided to advise candidates from the ranked list for PWD/Irrigation Departments. **WPC Nos. 33902/09 & 5195/10** **:6 :** 8. Party respondents, who are included in Exts.P11 and P12 ranked lists and aspiring to be advised to the LSGD, contended that but for the transfer of these posts from PWD/Irrigation Departments, for the filling up of which Exts.P11 and P12 ranked lists were prepared, they would have got advised in those departments itself. It is stated that, therefore, they are entitled to be advised in the Local self Government Department. It is also their contention that the petitioners who are only candidates responded to a vacancy notification, have no right whatsoever to challenge the advise of the candidates from Exts.P11 and P12 ranked lists, as none of their legal rights are affected in the process. It is also their contention that at any rate, the petitioners' right is only to be advised to vacancies reported or available in the departments in respect of which Exts.P1, P3 and P5 notifications were issued. They therefore contended that, in the absence of any claim for the petitioners in the LSGD, they cannot prevent the PSC from advising candidates. 9. As already stated, the main contention advanced by **WPC Nos. 33902/09 & 5195/10** **:7 :** the learned counsel for the petitioners is that Exts.P11 and P12 ranked lists were finalised and published in respect of Public Works and Irrigation Departments, and that, therefore, the candidates included therein, cannot be advised to any Department other than the Departments in respect of which these ranked lists are published. Further, they also proceed to contend that since Ext.P7 Special Rules show that the Kerala Local Self Engineering Subordinate Services was constituted by absorbing candidates from Engineering wing of the Panchayat Subordinate Service, Kerala Municipal Common Service (Engineering and Town Planning Service) and the excess staff of Kerala Engineering Subordinate Services, petitioners are entitled to be advised against the vacancies available in the LSGD. Therefore, the correctness or otherwise of the steps taken by the PSC to advice candidates to the vacancies in LSGD from out of the candidates included in Exts.P11 and P12 ranked lists need be considered at the instance of the petitioners, only if they are able to show that by such advise of candidates, any one of their legal rights are violated. In other words, petitioners will **WPC Nos. 33902/09 & 5195/10** **:8 :** have to establish that instead of advising candidates from Exts.P11 and P12 ranked lists, they ought to have been advised against the vacancies reported by the LSGD 10. Admittedly, Exts.P1, P3 and P5 notifications were issued by the PSC for the posts available in the Panchayat Service, Municipal Common Service and the Town and Country Planning Department respectively. It is the case of the petitioners themselves that the right of a candidate included in the ranked list is to be advised only to vacancies in the department in respect of which the notifications are invited and ranked lists are published. This contention of the petitioners is well founded in the light of the law laid down by this Court in **Vishnu v. K.S.F.E** (2007(2) KLT 578) and the judgments in WP (C) No.2018/04 and WP(C) No.15115/04. Once that position is accepted, the claim of the petitioners will have to be confined to the vacancies in the departments in respect of which Exts.P1, P3 and P5 notifications are invited. These notifications are not in respect of Local Self Government Department, and if that be so, petitioners can have no claim in respect of the vacancies in the **WPC Nos. 33902/09 & 5195/10** **:9 :** Local Self Government Department. If that be the position, the correctness or otherwise of the PSC's action in advising candidates to LSGD need not be gone into at the instance of the petitioners, for the reason that by the said act of the PSC, none of the legal rights of the petitioners are affected. 11. It is true that the petitioners do have a case that since Kerala Local Self Government Engineering Subordinate Services is constituted by absorbing various categories of posts from the Kerala Panchayat Subordinate Service, Kerala Municipal Common Service, Kerala Engineering Subordinate Service and as Exts.P1 and P3 notifications pertain to Kerala Panchayat Service and Municipal Common Service, once the recruitment process in pursuance to Exts.P1, P3 and P5 are finalised, they are entitled to be advised against the vacancies available in the Local Self Government Department. This contention of the petitioners deserves to be rejected for more reasons than one. 12. First of all, no statutory provision in support of this contention was shown by the petitioners. Secondly, even if there was a bifurcation or integration of the Departments in respect of **WPC Nos. 33902/09 & 5195/10** **:10 :** which Ext.P1, P3 and P5 notifications were issued, law requires the appointing authority to notify the vacancies in the newly constituted service to the PSC and appoint candidates from the ranked list finalised by the PSC. If so, the candidates, who were included in the ranked list prepared in respect of an erstwhile department cannot have any claim against vacancies in the newly constituted departments. Consequently, petitioners can have no right to be advised to the LSGD. That apart, facts show that substantial number of posts were transferred from the PWD and Irrigation Departments also to the LSGD and according to the party respondents, if the posts were not so transferred, they would have got advised from Exts.P11 and P12 ranked lists in the PWD and Irrigation Departments itself. Therefore, even if the case of the petitioners are to be upheld, party respondents are equally entitled to be advised against the vacancies so transfered. Therefore, if the issue is appreciated in the above manner, there cannot be any superior claim for the petitioners to resist advising of candidates from Exts.P11 and P12 ranked lists. **WPC Nos. 33902/09 & 5195/10** **:11 :** 13. In the result, since none of the legal rights of the petitioners are affected by the impugned action of the PSC, this Court will not be justified in interfering with the PSC's action in advising candidates to the Local Self Government Department from Exts.P11 and P12 ranked lists. Resultantly, WP(C) No.33902/2009 is only to be dismissed and I do so. As a necessary consequence, WP(C) No.5195/10 is also to be dismissed and I do so. **ANTONY DOMINIC, JUDGE** Rp