IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30143 of 2007(L)
1. M.K.ROY, S/O.M.O.KOCHAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PANCHAYATHS,
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :15/11/2007
O R D E R
V. GIRI ,J.
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WP(C).NO. 30143 of 2007
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Dated this the 12th day of November, 2007
JUDGMENT
Petitioner claims that he is the only B.Tech Overseer in the
Panchayath Department. He aspires for promotion to the post of
Assistant Engineer. As per the special rules, there is a ratio of 6:4 to
be maintained between direct recruits and promotees in the cadre of
Assistant Engineers. Further, even among the promotees, a ratio of
6:3:1 is to be maintained between degree holders/diploma holders and
certificate holders. Petitioner contends that the internal ratio is not
been maintained in the department and though there are actually 8
vacancies, they had not been filled up in terms of the special rules. The
grievance voiced in this regard by the petitioner also was directed to
be considered by the government as per Ext.P3 judgment.
Government passed Ext.P4 order directing the Director of Panchayats
to take action to fill up 24 posts, which was then identified to be in
existence in the cadre of Assistant Engineer, by reverting 19 junior
most transfer appointees to the post of Ist Grade Overseer. As and
when the direct recruits report for duty, Government had directed the
Director of Panchayats to ensure the maintenance of the internal ratio
of 6:3:1 among the degree holders/diploma and certificate holders in
the quota earmarked for promotees as such. It cannot be said that in
Ext.P4, government has not addressed the issue raised by the
petitioner. But the learned counsel for the petitioner submits that
further action pursuant to Ext.P4 has not been taken so far. 8 more
vacancies have arisen subsequent to Ext.P4. He submits that the
internal ratio among the promotees have not been maintained.
2. After having heard the learned counsel for the Government
Pleader also, the writ petition is disposed of directing the petitioner to
point out the specific case of vacancies which have arisen subsequent
to Ext.P4 ( or even otherwise) and the manner in which the internal
ratio will have to be operated. If such a representation is filed by the
petitioner within a period of one month, it shall be looked into and the
second respondent shall take a decision in terms of Ext.P4 within a
period of six weeks thereafter.
V. GIRI, JUDGE
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