IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WA.No. 861 of 2010 ---------------------- AGAINST THE JUDGEMENT IN WPC.30606/2005 Dated 16/03/2010 .................... APPELLANT/3RD RESPONDENT ---------------------------------- N.THEVAN,BOAT SUPERVISOR,LAKE PLACE, THEKKADY(SHOWN IN THE CAUSE TITLE OF W.P.(C)NO.30606/05 AS BOAT DRIVER-IN-CHARGE OF BOAT SUPERVISOR,ARANYA NIVAS,THEKKADY). BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS/PETITIONER AND RESPONDENTS 1,2 & 4 --------------------------------------------------------------- 1. KURUVILA JOSEPH,BOAT SYRANG,ARANYANIVAS, THEKKADY. 2. KERALA TOURISM DEVELOPMENT CORPORATION LTD,REPRESENTED BY ITS MANAGING DIRECTOR, CHAITHRAM HOTEL,THAMPANOOR,THIRUVANANTHAPURAM. 3. MANAGER,KERALA TOURISM DEVELOPMENT CORPORATION LTD,ARANYA NIVAS,THEKKADY. 4. CHIEF INSPECTOR,IRRIGATION DEPARTMENT, KAKKANAD,ERNAKULAM,KOCHI-11. R1 BY ADV.SMT.AYSHA YUSUFF R2 & R3 BY ADV.SRI.B.GOPAKUMAR R4 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2010 ALONG WITH WA NO.1067/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A.No.861 of 2010 & W.A.No.1067 of 2010 ------------------------------------------ Dated this the 25th day of June, 2010 JUDGMENT Ravindran, J. These writ appeals arise from the judgment in W.P.(C) No.30606 of 2005 filed by the first respondent in these writ appeals. By judgment delivered on 16th March, 2010, the learned single Judge allowed the writ petition and quashed the appointment of the appellant in W.A.No.861 of 2010 as Boat Supervisor. 2. The main contention raised in the writ petition was that the appellant in W.A.No.861 of 2010 who entered service as Lascar was not qualified to be appointed as Boat Supervisor since he did not have 15 years service as Boat Driver/Syrang. The learned single Judge relied on Ext.P7 letter dated 12.9.2005 sent by the Managing Director of the Kerala Tourism Development Corporation Limited to the writ petitioner to hold that 15 years service in the feeder category of Boat Driver/Syrang is the prescribed qualification for promotion to the post WA Nos.861 & 1067 of 2010 - 2 - of Boat Supervisor and that the appellant in WA No.861 of 2010 does not possess the said qualification. The appellants do not dispute the fact that the appellant in W.A.No.861 of 2010 does not fulfil the said requirement though he had 15 years of total service. 3. On going through the pleadings and after hearing the submissions made at the Bar, we are in full agreement with the learned single Judge that a person who does not possess 15 years of service as Boat Driver/Syrang cannot be appointed as Boat Supervisor. The appellant in W.A.No.861 of 2010 who does not fulfil the said requirement cannot therefore be heard to contend that the decision of the learned single Judge is in any way erroneous. Further, the employer who themselves had taken the stand in Ext.P7 that 15 years of service in the feeder category of Boat Driver/Syrang is required for promotion to the post of Boat Supervisor cannot be heard to contend that a total service of 15 years in the Corporation is sufficient. We are also in agreement with the learned single Judge that in the wake of the recent boat tragedy that occurred at Thekkady, persons who do not possess the prescribed qualifications should not be permitted to hold the post of Boat Supervisor and WA Nos.861 & 1067 of 2010 - 3 - that if such unqualified persons are appointed it would affect the safety of the public. For the reasons stated above, we hold that no grounds have been made out warranting interference with the decision of the learned single Judge. The Writ Appeals fail and are accordingly dismissed. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns