IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 24657 of 2008(I) -------------------------- PETITIONERS: --------------- 1. P.N.SOMAN, AGED 46 YEARS, S/O.NARAYANAN, PEAROOCHERIL HOUSE, SANATHANAPURAM P.O. ALAPPUZHA - 688 003. WORKS MANAGER, STATE WATER DEPARTMENT, ALAPPUZHA. 2. K.R.JAGADEES, AGED 36 YEARS S/O.(LATE) RAGHAVAN PILLAI, THRIVENI, AMBALA VAYAL, WAYANAD - 673 593. FOREMAN (SWTD DBR) DEPARTMENT, ALAPPUZHA. BY ADV. SRI.P.GOPINATH MENON RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, TRANSPORT (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, KERALA WATER TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. GP SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. =============== W.P.(C).No.24657 of 2008 - I =============================== Dated this the 24th day of October, 2008. J U D G M E N T In this writ petition, the petitioners who are Foremen in the State Water Transport Department, challenge the draft Special Rules to the extent it does not prescribe Degree/Diploma in Mechanical/Marine/Automobile Engineering or Naval Architecture from a recognized university and five years experience in a similar capacity for appointment to the category of Assistant Works Manager by promotion. The petitioners contend that while the said qualification is prescribed for appointment by direct recruitment, it is not prescribed for appointment by promotion and that this was tailored to suit the needs of Sri.Udayakumar, presently, a Foreman in the State Water Transport Department, who does not possess the educational qualifications prescribed in the draft Special Rules, for direct appointment to the post of Assistant Works Manager. 2. When the writ petition came up for hearing today, Sri.P.Gopinath Menon, the learned counsel appearing for the W.P.(C).No.24657 of 2008 - I 2 petitioners submitted that the Special Rules have been finalised and published, substantially redressing the grievance voiced by the petitioners in this writ petition. The learned counsel for the petitioners submitted that the writ petition may therefore be closed leaving open the petitioners' contentions and reserving liberty with them to challenge the Special Rules if, they are aggrieved thereby. In the light of the said submission the writ petition is dismissed as withdrawn reserving liberty with the petitioners to challenge the Special Rules, newly introduced in the State Water Transport Department, if they are aggrieved by the stipulations therein. P.N.RAVINDRAN, JUDGE. bkn/-