IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17666 of 2010(G)
1. RANJUITHKUMAR K.V.3RD GRADE OVERSEER,
... Petitioner
2. ANESHKUMAR P.G., 3RD GRADE OVERSEER,
3. SHUBI V.V., 3RD GRADE OVERSEER, OFFICE
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE CHIEF ENGINEER (IRRIGATION AND
3. THE CHIEF ENGINEER (MECHANICAL)
For Petitioner :SRI.P.BHASKARAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :08/06/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.17666 of 2010 (G)
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Dated, this the 8th day of June, 2010
J U D G M E N T
The petitioners are Third Grade Overseers, aspiring promotion
to the post of Second Grade Overseers, in the Irrigation Department.
As per the Special Rules now prevailing, the post is to be filled up in
the ratio of 3:1 between direct recruitment and promotion. The
petitioners submit that the 8th Pay Revision Commission by Ext.P2
suggested amendment of the ratio into 1:1. According to the
learned counsel for the petitioners, the matter is pending
consideration of the Department.
2. The petitioners’ complaint is that at present, a valid rank
list is available and that the Department is proposing to make
appointments from the existing rank list by applying the ratio 3:1.
The petitioners submit that if appointments are made as above, that
will reduce their chances of promotions. It is with this grievances,
this writ petition has been filed, mainly praying that the amendment
to the Special Rules should be expedited and that in the meanwhile,
WP(C) No.17666/2010
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the post shall not be filled up applying the provisions of the existing
Special Rules.
3. Going by the pleadings itself, it is obvious that as at
present, the amendment to the Special Rules has not come into
effect and the existing ratio is 3:1. Having regard to the fact that
there exists a valid rank list published by the Public Service
Commission, it is open to the Irrigation Department to make
appointments applying the Special Rules as it now stands.
Therefore, the prayer of the petitioner to direct the respondents not
to fill up the vacancies applying the Special Rules as it stands today,
cannot be granted.
Be that as it may, it is directed that the respondents will take
action for expeditious completion of the steps they have taken for
the amendment to the Special Rules.
This writ petition is disposed of as above.
Sd/-
(ANTONY DOMINIC, JUDGE)
jg
//TRUE COPY//
PA TO JUDGE.