High Court of KeralaDivision BenchOriginal Petition dismissed.
Sunitha S. v. State of Kerala and others
Case / Petition Number:OP(KAT).No. 127 of 2015 (Z)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. R. Ramachandra Menon
- Anil K. Narendran
- Judgment Date
- 2016-03-28
- Court Decision / Holding
- O.P.(KAT) No.127/2015 dismissed. The High Court held that the petitioner had no absolute right to be advised or appointed based on ranking in Annexure A1, since the rank list’s validity expired on 11.4.2014 and there were no vacancies at that time. The court declined to disturb Ext.P6, ruling that the Public Service Commission must advise only for vacancies reported during the rank list’s currency, following Vimala Kumari (1994) and KS&SSR, 1958. ThePrayer for appointment from the rank list post-expiry was rejected; the court directed the PSC to advise from the list only for vacancies reported prior to expiry.
- Final Disposition
- Original Petition dismissed.
Parties to the Case
Appellants / Petitioners
- Sunitha S.
Respondents
- State of Kerala represented by Secretary to Government, Department of General Administration, Govt.Secretariat, Thiruvananthapuram-695001
- The Principal Secretary Finance (Administration) Department, Govt.Secretariat, Thiruvananthapuram-695001
- The Transport Commissioner, Transport Commissionerate, Vazhuthacaud, Thiruvananthapuram-695014
- The Labour Commissioner, Office of the Labour Commissioner, Thiruvananthapuram-695001
- The District Collector, Thiruvananthapuram-695001
- The Director Medical Education Directorate, Medical College P.O., Thiruvananthapuram-695011
- The Director Animal Husbandry Department, Vikash Bhavan, Thiruvananthapuram-695033
- The Director of Health Services, Office of the Director, Thiruvananthapuram-695001
- The Director Technical Education Directorate, Thiruvananthapuram-695001
- The Director Directorate of Agriculture, Vikash Bhavan, Thiruvananthapuram-695033
- The Conservator of Forest, Forest Headquarters, Vazhuthakkad, Thiruvananthapuram-695014
- The Chief Town Planning Officer, Thiruvananthapuram-695001
- The Commissioner of Land Revenue, Public Office Building, Thiruvananthapuram-695033
- The Director of Collegiate Education, Thiruvananthapuram-695001
- The Director of Public Instructions, Thiruvananthapuram-695001
- The Commissioner of Civil Supplies, Thiruvananthapuram-695001
- The Commissioner of Commercial Taxes, Thiruvananthapuram-695001
- The Chairman State Planning Board, Pattom, Thiruvananthapuram-695004
- The Land Use Commissioner, Kerala State Land Use Board, Vikash Bhavan, Thiruvananthapuram-695033
- The Secretary Department of Law, Govt.Secretariat, Thiruvananthapuram-695001
- The Secretary Legislative Assembly, Thiruvananthapuram-695001
- The Chief Engineer Irrigation Department, Thiruvananthapuram-695001
- The Commissioner of Village Development, Thiruvananthapuram-695001
- The Director SC/ST Department, Ayyangali Bhavan, Vellayambalam, Thiruvananthapuram-695003
- The Director Department of Industries and Commerce, Thiruvananthapuram-695001
- The Commissioner of Police, Thiruvananthapuram-695010
- The District Officer, Kerala Public Service Commission, Thiruvananthapuram-695004
Legal Representation & Advocates
Counsels for Petitioners
- • Sri M.A. Shafiq
- • Smt. Shameena Salahudheen
Counsels for Respondents
- • P.A. Raziya, Senior Government Pleader
- • Sri P.C. Sasidharan, SC, KPSC
Case Synopsis & Summary
Sunitha S., the petitioner in OP(KAT) No. 127 of 2015 (Z), challenged an order of the Kerala Administrative Tribunal (OA 292/14) directing the respondents to report vacancies for Confidential Assistant Grade-II and to advise and appoint from the Annexure A1 rank list. The petition sought a direction to report all existing vacancies to the Public Service Commission for advice and appointment from the Annexure A1 ranked list, and to appoint Sunitha in any vacancy reported to the PSC. The Tribunal had previously directed compliance with vacancy reporting by 15.3.2014 (Ext.P2) and later, in Ext.P5, ordered reporting of vacancies arising on retirement by 11.4.2014. The petitioner argued that vacancies existed and that the rank list was valid, insisting that the PSC be directed to advise and appoint from the ranked list, and relying on documents obtained via RTI to demonstrate unreported vacancies. The respondents argued that the Annexure A1 list expired on 11.4.2014, there were no vacancies at expiry, and that inclusion in a ranked list does not confer a right to appointment. They invoked Vimala Kumari v. State (1994 (2) KLT 47) and KS & SSR, 1958 Rule 3(b) to contend there is no statutory right to appointment from a list after its currency ends. The High Court upheld Ext.P6, dismissed the petition, and held there is no right to appointment beyond the list’s currency; vacancies can be advised only if reported during validity.
Provisions of Law Cited
KS&SSR, 1958 Rule 3(b)Right to Information Act (RTI Act)
Legal Doctrines & Maxims
- Inclusion in a ranked list does not confer a right to appointment (Vimala Kumari v. State, 1994 (2) KLT 47).
- A ranked list has currency; appointment can only be made during currency; after expiry court cannot compel PSC to advise.
- Rule 3(b) KS&SSR, 1958: inclusion in a list does not confer a claim to appointment.
Submissions & Arguments
Contentions of Appellants / Petitioners
Sunitha S. contends OA 292/2014 directed the respondents to report all existing vacancies of Confidential Assistant Grade-II in Thiruvananthapuram District to the Public Service Commission for advice and appointment from Annexure-A1 ranked list, and to advise and appoint her from any vacancies reported to PSC. She argues the Annexure-A1 list remained valid and that the Public Service Commission should be directed to advise from it as vacancies arose, citing Exts.P1, P2, P5 and RTI documents to prove unreported vacancies. She asserts that the right to appointment can arise through timely reporting and that the PSC’s advice should be considered to fill vacancies from the rank list.
Contentions of Respondents
The respondents submit that the Annexure-A1 ranked list expired on 11.4.2014 and there were no vacancies at expiry. They rely on Vimala Kumari v. State (1994 (2) KLT 47) to assert that inclusion in a ranked list does not create a right to appointment and on KS&SSR, 1958 Rule 3(b) to emphasize that listing does not guarantee appointment. They argue that after the expiry of the list, no legal obligation to advise persists and the court should not compel PSC to act beyond the currency of the list; extant vacancies could be advised only if there were reported during the list’s validity.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Vimala Kumari v. State | 1994 (2) KLT 47 | Positive | Full Bench held that inclusion in a ranked list does not confer a right to appointment; relied upon to deny the applicant's claim in this case. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT:**
## **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON**
**& THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN**
**MONDAY, THE 28TH DAY OF MARCH 2016/8TH CHAITHRA, 1938**
**OP(KAT).No. 127 of 2015 (Z)**
**----------------------------**
## **AGAINST THE ORDER IN OA 292/2014 of KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
**--------------------**
**PETITIONER:**
**-------------**
**SUNITHA S., AGED 42 YEARS. W/O.VIVEKANANDAN, RESIDING AT SUNITHA BHAVAN, KEERTHI NAGAR VELLAYANI, NEMOM P.O., THIRUVANANTHAPURAM-695020.**
## **BY ADVS.SRI.M.A.SHAFIK SMT.SHAMEENA SALAHUDHEEN**
**RESPONDENTS:**
- **--------------**
**1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL ADMINISTRATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.**
**2. THE PRINCIPAL SECRETARY FINANCE (ADMINISTRATION) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.**
**3. THE TRANSPORT COMMISSIONER TRANSPORT COMMISSIONERATE, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.**
## **OP(KAT).No. 127 of 2015**
**4. THE LABOUR COMMISSIONER OFFICE OF THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM-695001.**
**5. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM-695001.**
**6. THE DIRECTOR MEDICAL EDUCATION DIRECTORATE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.**
**7. THE DIRECTOR ANIMAL HUSBANDRY DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.**
**8. THE DIRECTOR OF HEALTH SERVICES OFFICE OF THE DIRECTOR, THIRUVANANTHAPURAM-695001.**
**9. THE DIRECTOR TECHNICAL EDUCATION DIRECTORATE, THIRUVANANTHAPURAM-695001.**
**10. THE DIRECTOR DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.**
**11. THE CONSERVATOR OF FOREST FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014.**
**12. THE CHIEF TOWN PLANNING OFFICER THIRUVANANTHAPURAM-695001.**
**13. THE COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695033.**
**14. THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM-695001.**
**15. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001.**
**16. THE COMMISSIONER OF CIVIL SUPPLIES THIRUVANANTHAPURAM-695001.**
## **OP(KAT).No. 127 of 2015**
## **17. THE COMMISSIONER OF COMMERCIAL TAXES THIRUVANANTHAPURAM-695001.**
**18. THE CHAIRMAN STATE PLANNING BOARD, PATTAM, THIRUVANANTHAPURAM-695004.**
**19. THE LAND USE COMMISSIONER KERALA STATE LAND USE BOARD, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.**
**20. THE SECRETARY DEPARTMENT OF LAW, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.**
**21. THE SECRETARY LEGISLATIVE ASSEMBLY, THIRUVANANTHAPURAM-695001.**
**22. THE CHIEF ENGINEER IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM-695001.**
**23. THE COMMISSIONER OF VILLAGE DEPARTMENT THIRUVANANTHAPURAM-695001.**
**24. THE DIRECTOR SC/ST DEPARTMENT, AYYANGALI BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695003.**
**25. THE DIRECTOR DEPARTMENT OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM-695001.**
**26. THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM-695010.**
**27. THE DISTRICT OFFICER THE KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM-695004.**
- **R1,R 10,R 25 BY SR. GOVERNMENT PLEADER, P.A.RAZIYA R27 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC**
## **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 28-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**----------------------------**
## **OP(KAT).No. 127 of 2015 (Z)**
## **APPENDIX**
## **PETITIONER(S)' EXHIBITS**
- **-----------------------**
- **EXT.P1 : TRUE COPY OF THE ORIGINAL APPLICATION IN OA 292/14 FILED BEFORE THE KAT.**
- **ANNEXURE-A1: COPY OF THE RANK LIST ISSUED BY THE KPSC, DT.12.10.2009.**
- **ANNEXURE-A2: COPY OF THE APPLICATION FILED BEFORE THE GENERAL ADMINISTRATION DEPARTMENT, DT.29.10.2013.**
- **ANNEXURE-A2(a): COPY OF THE REPLY RECEIVED FOR ANNEXURE A2 DT.8.11.2013.**
- **ANNEXURE-A2(b): ENGLISH TRANSLATION OF ANNEXURE A2(a).**
**ANNEXURE-A3: COPY OF THE APPLICATION FILED UNDER THE RTI ACT BFORE THE FINANCE DEPARTMENT DT.6.6.2011.**
- **ANNEXURE-A3(a): ENGLISH TRANSLATION OF ANNEXURE A3.**
- **ANNEXURE-A2(a): COPY OF THE REPLY RECEIVED FOR ANNEXURE A2 DT.8.11.2013.**
**ANNEXURE-A4: COPY OF THE APPLICATION BEFORE THE TRANSPORT COMMISSIONER'S OFFICE DT. 1.1.2013.**
- **ANNEXURE A4(a): ENGLISH TRANSLATION OF ANNEXURE A4.**
**ANNEXURE-A4(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A4 DT.13.11.2013. ANNEXURE-A4(c): ENGLISH TRANSLATION OF ANNEXURE A4(b).**
**OP(KAT).No. 127 of 2015 (Z)**
**ANNEXURE-A5: COPY OF THE APPLICATION BEFORE THE LABOUR COMMISSIONERATE, DT. 28.10.2013.**
- **ANNEXURE-A5(a): COPY OF THE REPLY RECEIVED FOR ANNEXURE A5 DT.13.11.2013.**
- **ANNEXURE-A5(b): ENGLISH TRANSLATION OF ANNEXURE A5(a).**
- **ANNEXURE-A6: COPY OF THE APPLICATION BEFORE THE SURVEY DIRECTORATE, DT. 28.10.2013**
- **ANNEXURE-A6(a): ENGLISH TRANSLATION OF ANNEXURE A6.**
- **ANNEXURE-A6(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A6 DT.4.11.2013.**
- **ANNEXURE-A6(c): ENGLISH TRANSLATION OF ANNEXURE A6(b).**
- **ANNEXURE-A7: COPY OF THE REPLY FROM THE MEDICAL EDUCATION DIRECTORATE, DT.11.11.2013.**
- **ANNEXURE-A7(a): ENGLISH TRANSLATION OF ANNEXURE-A7.**
- **ANNEXURE-A8: COPY OF THE APPLICATION BEFORE THE ANIMAL HUSBANDRY DEPARTMENT DT.28.10.2013.**
- **ANNEXURE-A8(a): ENGLISH TRANSLATION OF ANNEXURE-A8.**
- **ANNEXURE-A8(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A8 DT. 11.11.2013.**
- **ANNEXURE-A8(c): ENGLISH TRANSPLATION OF ANNEXURE A8(b).**
- **ANNEXURE-A9: COPY OF THE APPLICATION BEFORE THE HEALTH DEPARTMENT DT. 28.10.2013.**
- **ANNEXURE-A9(a): ENGLISH TRANSPLATION OF ANNEXURE A9.**
- **ANNEXURE A9(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A9 DT. 25.11.2013.**
## **OP(KAT).No. 127 of 2015 (Z)**
**ANNEXURE A9(c): ENGLISH TRANSLATION OF ANNEXURE A9(b).**
**ANNEXURE A10: COPY OF THE APPLICATION BEFORE THE TECHNICAL EDUCATION DIRECTORATE DT. 28.10.2013.**
**ANNEXURE A10(a): ENGLISH TRANSLATION OF ANNEXURE A10.**
**ANNEXURE A10(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A10 DT. 23.11.2013**
**ANNEXURE A10(c): ENGLISH TRANSLATION OF ANNEXURE A10(b).**
**ANNEXURE A11: COPY OF THE APPLICATION BEFORE THE AGRICULTURAL DEPARTMENT DT. 31.3.2012.**
**ANNEXURE A11(a): COPY OF THE REPLY RECEIVED FOR ANNEXURE A11 DT. 24.4.2012.**
**ANNEXURE A11(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A11 DT. 24.4.2012.**
**ANNEXURE A11(c): ENGLISH TRANSLATION OF ANNEXURE A11(b).**
**ANNEXURE A12: COPY OF THE APPLICATION BEFORE THE FOREST DEPARTMENT DT. 3.4.2012.**
## **ANNEXURE A12(a): ENGLISH TRANSLATION OF ANNEXURE A12.**
**ANNEXURE A12(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A12 DT. 27.4.2012.**
## **ANNEXURE A12(c): ENGLISH TRANSLATION OF ANNEXURE A12(b).**
**ANNEXURE A13: COPY OF THE APPLICATION BEFORE THE OFFICE OF THE CHIEF TOWN PLANNER, DT. 30.10.2013.**
## **ANNEXURE A13(a): ENGLISH TRANSLATION OF ANNEXURE A13.**
## **OP(KAT).No. 127 of 2015 (Z)**
**ANNEXURE A13(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A13 DT. 13.11.2013**
## **ANNEXURE A13(c): ENGLISH TRANSLATION OF ANNEXURE A13(b).**
**ANNEXURE A14: COPY OF THE REPLY RECEIVED UNDER THE RTI ACT FROM THE LAND REVENUE DIRECTORATE, DT. 24.4.2012.**
**ANNEXURE A14(a): ENGLISH TRANSLATION OF ANNEXURE A14.**
**ANNEXURE A15: COPY OF THE APPLICATION BEFORE THE DIRECTORATE OF COLLEGE EDUCATION, DT. 1.11.2013.**
## **ANNEXURE A15(a): ENGLISH TRANSLATION OF ANNEXURE A15.**
**ANNEXURE A15(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A15 DT. 26.11.2013.**
## **ANNEXURE A15(c): ENGLISH TRANSLATION OF ANNEXURE A15(b).**
**ANNEXURE-A16: COPY OF THE REPLY RECEIVED UNDER THE RTI ACT FROM THE DPI, DT. 19.11.2013.**
## **ANNEXURE-A16(a): ENGLISH TRANSLATION OF ANNEXURE A16.**
**ANNEXURE-A17: COPY OF THE APPLICATION BEFORE THE CIVIL SUPPLIES COMMISSIONERATE, DT. 31.03.2012.**
**ANNEXURE-A17(a): ENGLISH TRANSLATION OF ANNEXURE A17.**
**ANNEXURE A17(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A17 DT. 13.4.2012**
**ANNEXURE A17(c): ENGLISH TRANSLATION OF ANNEXURE A17(b).**
**ANNEXURE-A18: COPY OF THE REPLY RECEIVED FROM THE DEPARTMENT OF COMMERCIAL TAXES, DT .27.11.2013.**
**ANNEXURE A19: COPY OF THE APPLICATION BEFORE THE STATE PLANNING BOARD, DT. 1.11.2013.**
## **OP(KAT).No. 127 of 2015 (Z)**
## **ANNEXURE A19(a): ENGLISH TRANSLATION OF ANNEXURE A19.**
**ANNEXURE A19(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A19 DT. 22.11.2013.**
## **ANNEXURE A19(c): ENGLISH TRANSLATION OF ANNEXURE A19(b).**
**ANNEXURE A20: COPY OF THE APPLICATION BEFORE THE LAND USE BOARD, DT. 13.04.2012.**
**ANNEXURE A20(a): ENGLISH TRANSLATION OF ANNEXURE A20.**
**ANNEXURE A20(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A20 DT. 19.4.2012**
**ANNEXURE A20(c): ENGLISH TRANSLATION OF ANNEXURE A20(b).**
**ANNEXURE A21: COPY OF THE APPLICATION BEFORE THE LAW DEPARTMENT, DT. 29.10.2013.**
**ANNEXURE A21(a): COPY OF THE REPLY RECEIVED FOR ANNEXURE A21 DT. 29.11.2013.**
**ANNEXURE A22: COPY OF THE APPLICATION BEFORE THE LEGISLATIVE ASSEMBLY.**
**ANNEXURE A22(a): ENGLISH TRANSLATION OF ANNEXURE A22.**
**ANNEXURE A22(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A22 DT. 23.11.2013.**
**ANNEXURE A22(c): ENGLISH TRANSLATION OF ANNEXURE A22(b).**
**ANNEXURE A23: COPY OF THE APPLICATION BEFORE THE IRRIGATION DEPARTMENT DT. 1.11.2013.**
**ANNEXURE A23(a): ENGLISH TRANSLATION OF ANNEXURE A23.**
**ANNEXURE A23(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A23 DT. 28.11.2013.**
**ANNEXURE A23(c): ENGLISH TRANSLATION OF ANNEXURE A23(b).**
## **OP(KAT).No. 127 of 2015 (Z)**
## **ANNEXURE A24: COPY OF THE APPLICATION BEFORE THE COMMISSIONERATE OF VILLAGE DEVELOPMENT, DT.28.10.2013.**
## **ANNEXURE A24(a): ENGLISH TRANSLATION OF ANNEXURE A24.**
**ANNEXURE A24(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A24 DT. 11.11.2013.**
**ANNEXURE A24(c): ENGLISH TRANSLATION OF ANNEXURE A24.**
**ANNEXURE A25: COPY OF THE REPLY RECEIVED UNDER RTI ACT FROM THE SC/ST DIRECTORATE, DATED 07.11.2013.**
## **ANNEXURE A25(a): ENGLISH TRANSLATION OF ANNEXURE A25.**
**ANNEXURE A26: COPY OF THE APPLICATION BEFORE THE DIRECTORATE OF INDUSTRIES & COMMERCE, DT. 8.11.2013.**
## **ANNEXURE A26(a): ENGLISH TRANSLATION OF ANNEXURE A26.**
**ANNEXURE A26(b): COPY OF THE REPLY RECEIVED FOR ANNEXURE A26 DT. 29.11.2013.**
## **ANNEXURE A26(c): ENGLISH TRANSLATION OF ANNEXURE A26(b).**
**ANNEXURE A27: COPY OF THE APPLICATION BEFORE THE POLICE DEPARTMENT DT.21.10.2013.**
**ANNEXURE A27(a): COPY OF THE REPLY RECEIVED FOR ANNEXURE A27 DT. 20.11.2013.**
## **ANNEXURE A27(b): ENGLISH TRANSLATION OF ANNEXURE A27(a).**
- **EXT.P2 : TRUE COPY OF THE INTERIM ORDER DT.6-2-2014.**
**EXT.P3 : TRUE COPY OF THE ORDER IN CONTEMPT PETITION NO.64/2014.**
- **EXT.P4 : TRUE COPY OF THE MA 774/2014 FOR FURTHER DIRECTIONS.**
## **OP(KAT).No. 127 of 2015 (Z)**
**EXT.P5 : TRUE COPY OF THE ORDER IN MA 774/2014 DT.27-3-2014. EXT.P6 : TRUE COPY OF THE JUDGMENT IN OA 292/14 DT.7-10-14. RESPONDENT(S)' EXHIBITS -----------------------**
**EXT.R10(a): COPY OF THE REPORTING LETTER DT.14.2.2008. EXT.R10(b): COPY OF THE REPORTING LETTER DT.18.4.2009. EXT.R10(c): COPY OF THE NON AVAILABILITY CERTIFICATE DT.26.6.2014. EXT.R10(d): COPY OF THE NON AVAILABILITY CERTIFICATE DT.2.7.2014. EXT.R10(e): COPY OF THE LETTER DT.1.3.2014. EXT.R10(f): COPY OF THE REMINDER DT.5.11.2015**
**EXT.R27(a)(i):COPY OF LETTER AND PROFORMA FROM DIRECTOR, AGRICULTURE DEPARTMENT REPORTING THE VACANCIES.**
**EXT.R27(a)(ii):COPY OF THE RELEVANT PAGES OF ALLOTMENT REGISTER.**
**EXT.R27(a)(iii):COPY OF LETTER FROM ERNAKULAM DISTRICT OFFICE DT.8.12.2015.**
**EXT.R27(a)(iv):COPY OF LETTER FROM THRISSUR DISTRICT OFFICE DT.3.12.2015.**
**//True copy//**
**PA to Judge**
**P.R.RAMACHANDRA MENON & ANIL K. NARENDRAN, JJ. --------------------------------O.P.(KAT) 127 OF 2015 --------------------------------Dated this the 28[th] day of March, 2016**
**J U D G M E N T ~~~~~~~~~~**
## **Anil K.Narendran, J.**
Appellant is the applicant in O.A.No.292 of 2014 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram, an Original Application filed seeking an order to direct the respondents to report all existing vacancies of Confidential Assistant Grade-II in various departments in Thiruvananthapuram District to the Public Service Commission for advice and appointment from Annexure-A1 ranked list. The petitioner has also sought for a direction to the respondents to advice and appoint her as Confidential Assistant in any of the vacancies reported to the Public Service Commission.
2. By order dated 6.2.2014, the Tribunal directed respondents 2 to 20 and respondents 22 to 26 to report the vacancies in the cadre of Confidential Assistant under them in
## **O.P.(KAT) No.127/2015**
**-2-**
Thiruvananthapuram District to the Public Service Commission on or before 5 p.m. on 15.3.2014. Alleging non-compliance of the aforesaid direction, the petitioner moved C.P.(C) No.64 of 2014 before the Tribunal, which was disposed of by Ext.P3 order dated 15.7.2014 with the following direction;
“Heard. We think, the grievance of the applicant can be suitably adjudicated in the Original Application. In other words, we think, it is not proper to consider the point raised by the applicant in this Contempt Application. Accordingly, this Contempt Application is closed, without prejudice to her contentions.”
3. Later, the applicant filed M.A.No.774 of 2014 before the Tribunal seeking an order directing the respondents to report the available vacancies to the Public Service Commission as expeditiously as possible, at any rate, on or before 31.3.2014. By Ext.P5 order dated 27.3.2014, the Tribunal directed respondents 2 to 20 and 22 to 26 to report the vacancies that may arise in their respective Departments in Thiruvananthapuram District in the Cadre of Confidential Assistants Grade-II, as a result of retirement on 31.3.2014, to the Public Service Commission before the close of office hours on
## **O.P.(KAT) No.127/2015**
**-3-**
11.4.2014. Later, the Original Application came up for final hearing before the Tribunal on 7.10.2014, on which date, the Tribunal passed Ext.P6 order which reads as follows:
“The applicant is a candidate included in Annexure A1 rank list published by the Public Service Commission for appointment to the post of Confidential Assistant Grade II in various departments. The applicant comes under the direct recruitment quota, that is, she is included in List I of Annexure A1 rank list. She is included as rank No.192 of the main list of List I of Annexure A1. This Tribunal by orders dated 6.2.2014 and 27.3.2014 directed the appointing authorities to report the vacancies available in their respective departments to the Public Service Commission within the time frame stipulated therein.
2. The rank list has expired on 11.4.2014 after completing the maximum period of 4½ years. In view of the said development, this Original Application is disposed of directing the Public Service Commission to advise candidates to the
**-4-**
## **O.P.(KAT) No.127/2015**
vacancies reported and pending with it, if any, as on 11.4.2014. The Public Service Commission shall do this within six weeks from the date of receipt of a copy of this order.
3. The learned counsel for the applicant tried to point out relying on certain documents received by the applicant under the Right to information Act that there are vacancies available which are remaining unreported. Since the rank list has already expired, a roving enquiry into the said claim is going to be a futile exercise as far as the applicant is concerned as the vacancies reported after the expiry of the rank list will go to the persons included in the next rank list to be published by the Public Service Commission. The Public Service Commission will advise candidates from Annexure A1 list only to those vacancies which were reported to it before the expiry of the rank list in view of the Full Bench decision of the Hon'ble High Court of Kerala in Vimala Kumari v. State (1994 (2) KLT 47).”
## **O.P.(KAT) No.127/2015**
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4. Aggrieved by Ext.P6 order passed by the Tribunal, the petitioner is before this Court in this Original Petition.
5. We heard the arguments of the learned counsel for the petitioner, the learned Government Pleader appearing for the official respondents and also the learned standing counsel for the Public Service Commission. We have also perused the statement filed by the learned Government Pleader and also the counter affidavit/additional affidavit filed by the Public Service Commission.
6. In **Vimala Kumari v. State** (1994(2)KLT 47), a Full Bench of this Court held that, the mere fact that a persons name has been included in the ranked list does not give him any right to the post or to be appointed to that post. If no request is made by the State to the Public Service Commission during the currency of a ranked list, the Court cannot compel the Public Service Commission to advise candidates after the expiry of the ranked list.
7. The pleadings and materials on record would show that the validity of Annexure-A1 ranked list expired on 11.4.2014. The petitioner has no absolute right for advise and
**-6-**
## **O.P.(KAT) No.127/2015**
appointment based on her ranking in Annexure-A1 ranked list. The only right available was the right to be considered for selection in accordance with the rules. In fact Rule 3(b) of the KS & SSR, 1958 is specific that inclusion of the candidates name in any list of approved candidates for any service shall not confer on him any claim for appointment.
8. The affidavit/additional affidavit filed by the Public Service Commission would show that as on the date of expiry of Annexure-A1 ranked list, i.e., as on 11.4.2014, there were no vacancies of Confidential Assistant Gr.II in Thiruvananthapuram District, in which the petitioner or any other candidate included in the said ranked list could be advised. It was in such circumstances, the petitioner could not secure appointment based on her ranking in Annexure-A1 ranked list.
9. The learned counsel for the petitioner could not point out the existence of any vacancy in which the petitioner could have been advised during the currency of Annexure-A1 ranked list. In that view of the matter, we find absolutely no grounds to interfere with Ext.P6 order.
## **O.P.(KAT) No.127/2015**
**-7-**
In the result, the Original Petition fails and accordingly it is
dismissed.
Sd/-
**P.R.RAMACHANDRA MENON, JUDGE** .
Sd/- **ANIL K. NARENDRAN, JUDGE.**
**Ps/30/3/16**