Soniya S vs Kerala Water Authority
2022 Latest Caselaw 6270 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        WP(C) NO. 12135 OF 2022
PETITIONERS:

    1       SONIYA S
            AGED 38 YEARS
            D/O. A.R.SIVADAS, RESIDING AT NJRA 224, NORTH JANANTHA,
            PALARIVATTOM-682 025, (RANK NUMBER 3327)
    2       MEERA SATHEESH
            AGED 38 YEARS
            D/O.K.V.SATHEESH CHANDRA RAJ, RESIDING AT CHAYAMUKHI
            105/5, PADMAVILASAM LANE, PEROOKADA,
            THIRUVANANTHAPURAM-695 005 (RANK NO.4276)
            BY ADVS.
            S.SABARINADH
            INDULEKHA JOSEPH


RESPONDENTS:

    1       KERALA WATER AUTHORITY
            JALABHVN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033,
            REPRESENTED BY ITS MANAGING DIRECTOR
    2       KERALA PUBLIC SERVICE COMMISSION,
            THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-
            695 004, REPRESENTED BY ITS SECRETARY


            BY SC-P.C.SASIDHARAN



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.12135 OF 2022

                                         2

                            JUDGMENT

Dated this the 3rd day of June, 2022

This writ petition is filed seeking the

following reliefs:

"i) Issue a writ, order or direction in the nature of mandamus commanding the 1st respondent Kerala Water Authority to report 145 vacancies to the 2nd respondent Kerala Public Service Commission, within a timeframe to be stipulated by this Hon'ble Court; and

ii) Issue a writ, order or direction in the nature of mandamus commanding the 2nd respondent Kerala Public Service Commission to issue advice memos,in accordance with law, to the 145 vacancies reported by the 1st respondent Kerala Water Authority, within a timeframe to be stipulated by this Hon'ble Court."

2. Heard the learned counsel appearing for the

petitioners, the learned counsel appearing for the 1 st

respondent as well as the learned Standing Counsel

appearing for the 2nd respondent.

3. It is submitted by the learned counsel for

the petitioners that pursuant to the filing of this writ

petition, seeking the reporting of vacancies, steps WP(C) NO.12135 OF 2022

have been taken by the 1st respondent for reporting

143 vacancies to the 2nd respondent by Exhibit P11.

The learned counsel for the petitioners submits that

since the vacancies have now been reported advice

will have to be made.

The learned counsel appearing for the

Kerala Water Authority submits that the vacancies are

reported by Exhibits P11 on 29.05.2022. Therefore,

in case, the vacancies have been duly reported, it is

for the PSC to take appropriate further steps for

making advice in accordance with law. The PSC shall

take note of the reporting of vacancies by the 1 st

respondent and take appropriate steps, in accordance

with law, to make the advice at the earliest.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/03/06 WP(C) NO.12135 OF 2022

APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE KERALA WATER AUTHORITY ADMINISTRATIVE, MINISTERIAL AND LAST GRADE) SERVICE RULES, 2011 ISSUED THROUGH G.O(P) N.19/2011/WRD DATE 01.03.2011 ISSUED BY THE WATER RESOURCES (WATER SUPPLY) DEPARTMENT OF GOVERNMENT OF KERALA Exhibit P2 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 01.08.2014 IN WPC NO.24279 OF 2012 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P3 A TRUE PHOTOCOPY OF THE ONLINE E-COURT STATUS OF WA NO.1501/2015 PROCURED FROM THE OFFICIAL WEBSITE OF HON'BLE HIGH COURT OF KERALA Exhibit P4 A TRUE PHOTOCOPY OF THE LETTER NO.IDS

-II(3)/4244/20202 /GW DATED 30.11.2020 ISSUED BY THE PSC UNDER RIGHT TO INFORMATION ACT, ENCLOSING THE DECISION NO.27 (FILE NO LR 1 (2) 2276/11/LW) DATED 25.09.2017 OF THE 2ND RESPONDENT Exhibit P5 A TRUE PHOTOCOPY OF THE RELEVANT EXTRACTS OF THE RANKLIST NOTIFICATION BY NO.649/19/ROQ OF CATEGORY NO.399/2017 DATED 31.12.2019 FOR APPOINTMENT TO THE POST OF JUNIOR ASSISTANT/CASHIER/ASSISTANT GRADE- II Exhibit P6 A TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE APPOINTMENT CHART OF CATEGORY NO.399/2017 DATED 18.01.2021 Exhibit P7 A TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE APPOINTMENT CHART OF CATEGORY NO.399/2017 DATED 16.03.2021 Exhibit P8 A TRUE PHOTOCOPY OF THE ORDER NO.14002/E 10/2018/KWA DATED 08.03.2022 ISSUED BY THE SENIOR ADMINISTRATIVE OFFICER OF THE KERALA WATER AUTHORITY Exhibit P9 A TRUE PHOTOCOPY OF THE RTI APPLICATION DATED 14.06.2021 ND ITS REPLY BY NO.9970/E10/2021/KWA DATED 16.07.2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF KWA Exhibit P10 A TRUE PHOTOCOPY OF THE RTI APPLICATION DATED 05.02.2022 AND ITS REPLY BY NO KLR III (2) 1034/14 (1) DATED 16.02.2022 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT EXHIBIT P11 A TRUE PHOTOCOPY OF THE LETTER NO.9849/E10/2022/KWA DATED 29.05.2022 ISSUED BY THE CHIEF ENGINEER (HRD & GENERAL) OF THE KERALA WATER AUTHORITY TO THE SECRETARY OF THE PUBLIC SERVICE COMMISSION REPORTING 143 VACANCIES.

RESPONDENTS' EXHIBITS:      NIL

SSK                  //TRUE COPY//         PA TO JUDGE