IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 OP.No. 26893 of 2001(B) ----------------------- PETITIONER(S): --------------- A.S.SUNIL KUMAR, ASST. PROJECT ENGINEER, K.L.D.C. LTD., KAYAMKULAM. BY ADV. SRI.ANTONY MUKKATH RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, THE KERALA LAND DEVELOPMENT CORPORATION LTD., RAJBHAVAN, THYCAUDE P.O. THIRUVANANTHAPURAM. 2. K. SANTHA, DY. PROJECT ENGINEER, K.L.D.C. LTD., ALAPPUZHA. 3. M.P. SARASWATHY AMMA, DY. PROJECT ENGINEER, K.L.D.C. LTD., KAYAMKULAM. ADV. SRI.K.JAJU BABU SRI.DEVAN RAMACHANDRAN FOR R3 SRI.P.N.MOHANAN FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO.26893/2001. ------------------------------------------------------------- EXT.P1 PHOTOCOPY OF SPECIAL SERVICE RULES. EXT.P2 COPY OF KERALA ENGINEERING SERVICE RULES (SPECIAL BRANCH). EXT.P3 REPRESENTATION DT. 14-5-2001. EXT.P4 DO. DT. 27-6-2001. EXT.P5 DO. DT. 14-8-2001. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R2(a) ORDER DT. 18-10-2001. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 26893 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th January, 2009. J U D G M E N T The petitioner is an Assistant Project Engineer in the Kerala Land Development Corporation. He entered service as Overseer Grade II, which post has been re-designated as Assistant Project Engineer. The next promotion post available for Assistant Project Engineer is the post of Deputy Project Engineer. The recruitment rules for appointment to various posts in the Kerala Land Development Corporation are governed by Ext. P1 Special Rules. In Ext. P1 Special Rules, it is mentioned that Assistant Project Engineer is equivalent to Assistant Engineer in the State cadre and that the post of Deputy Project Engineer is equivalent to Assistant Executive Engineer in the State cadre. Ext. P2 is the Kerala Engineering Service (General Branch) Special Rules. The case of the petitioner is that in State cadre, certificate holders are excluded from competing for the post of Assistant Executive Engineer, whereas similar exclusion is not available in Ext. P1 in the case of promotion from the post of Assistant Project Engineer as Deputy Project Engineer. The contention of the petitioner is that since the posts are equivalent to corresponding posts in the Kerala Engineering Service (General Branch) Special Rules, the Rules should also be identical. 2. A counter affidavit has been filed by the respondent. 3. I have considered the rival contentions in detail. 4. The Kerala Land Development Corporation Ltd., is an autonomous body. They are not governed by the service rules applicable to Government servants. It is perfectly within the competence of the Kerala Land development Corporation to frame its own rules for recruitment of personnel. Such a rule has been framed as per Ext. P1. No law stipulates that the rule framed shall be in pari materia with those applicable to corresponding categories in the O.P. No. 26893/2001 -: 2 :- Government service. In the above circumstances, I do not find any merit in the contentions raised by the petitioner. Accordingly, the original petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/