High Court Kerala High Court

M.A. Abdul Aziz vs State Of Kerala on 11 June, 2010

Kerala High Court
M.A. Abdul Aziz vs State Of Kerala on 11 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34883 of 2005(C)


1. M.A. ABDUL AZIZ,
                      ...  Petitioner
2. P.K. REMESH,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. LABOUR COMMISSIONER,

3. KERALA PUBLIC SERVICE COMMISSION,

4. V.K. UNNIKRISHNAN (ASST. LABOUR OFFICER

                For Petitioner  :SRI.N.SUKUMARAN

                For Respondent  :SRI.ALEXANDER THOMAS,SC,KPSC

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/06/2010

 O R D E R
                        ANTONY DOMINIC, J.
              --------------------------------------------------
                  W.P.(C) NO.34883 OF 2005 (C)
              --------------------------------------------------
              Dated this the 11th day of June, 2010

                           J U D G M E N T

Petitioners are Upper Division Clerks in the Labour

Department. They claimed appointment to the post of Assistant

Labour Officer Grd.II. Contention raised is that the existing

vacancies should be filled up applying the ratio of 3:1.

2. On the other hand from the counter affidavit filed by the

respondents it is seen that for the post of Assistant Labour Officer

Grd.II, method of appointment prescribed in the Rule is as follows;

“(i) By transfer of the qualified persons from the senior
most UD Clerk in the Labour Department who opted in
writing for the post prior to the date of occurrence of
vacancies and

(ii) By direct recruitment. “

3. It is further stated that the ratio of appointment between

by-transfer category and Direct Recruits, is fixed as 3:1 and in the

Government Order G.O(P).No.57/92/P&ARD dated 5.12.1992 it has

been stipulated that the post has to be filled up applying the ratio

among different methods of recruitment to the cadre strength of the

post. This also finds a place in Note.3 to Rule 5 of the General

WPC.No.34883 /05
:2 :

Rules. It is stated that on this basis, the ratio is applied to the cadre

strength and on that basis, the vacancy is also filled up.

Respondents are also relying on the judgment of this court in W.A.

No.1000/2004, where this method of applying the ratio of the cadre

strength is upheld by this court.

4. Evidently therefore the ratio prescribed in the Special Rule

has been implemented by the respondents on the cadre strengths,

which is in terms of the statutory provisions. If so, the petitioner

cannot object to the method adopted by respondents for filling up

the post of Assistant Labour Officer Grd.II.

Writ Petition fails and is dismissed.

(ANTONY DOMINIC)
JUDGE
vi/