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.
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W.P.(C) NO.34883 OF 2005 (C)
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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/