IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 10952 of 2001(D)
1. SALIH K.K.
... Petitioner
Vs
1. K.P.S.C.
... Respondent
For Petitioner :SRI.M.V.BOSE
For Respondent :SMT.CHINCY GOPAKUMAR, SC, KWA
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :06/03/2009
O R D E R
S. Siri Jagan, J.
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O.P. No. 10952 of 2001
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Dated this, the 6th March, 2009.
J U D G M E N T
The grievance raised by the petitioners in this original petition
is regarding the manner of appointment to the post of Draftsman
Grade II. As per the Special Rules, a ratio of 1:1 is prescribed as
between direct recruits and promotees from Draftsman Grade
III/Overseer Grade III. The grievance of the petitioners is that
between 8-12-1995 and 1-1-1996, 511 direct recruits were appointed
without any corresponding promotion of Draftsman Grade
III/Overseer Grade II as Draftsman Grade II. However, now that the
petitioners also have been promoted, they would submit that their
seniority has to be re-arranged as between them and the direct
recruits on the basis of the ratio and the date of occurrence of
vacancy.
2. If I am to accept the contentions of the petitioners and allow
the original petition, I will have to necessarily over-turn settled
seniority in respect of direct recruits. Without the direct recruits in
the party array, I cannot do the same. As such, the original petition is
bad for non-joinder of parties. The original petition is dismissed on
that ground.
Sd/- S. Siri Jagan, Judge.
Tds/