IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WA.No. 1562 of 2008 --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32218/2007 Dated 04/04/2008 .................... APPELLANTS: PETITIONERS ------------------------------ 1. V.C.UNNIKRISHNAN, SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION, THRISSUR DISTRICT. 2. P.ACHUTHANANDAN, SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION, PALAKKAD DISTRICT. 3. C.RAJAPPAN, SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, PALAKKAD DISTRICT. 4. N.K.KUMARAN, SUB INSPECTOR OF POLICE, PADUNAGARAM POLICE STATION, PALAKKAD DISTRICT. 5. K.MADHAVAN, SUB INSPECTOR OF POLICE, TRAFFIC POLICE STATION, PALAKKAD DISTRICT. 6. C.VELAYUDHAN, SUB INSPECTOR OF POLICE, S.B.C.I.D., PALAKKAD. 7. K.T.PREMJAN, SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION. 8. P.V.RADHAKRISHNAN, SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION. 9. K.V.KOCHUMON, SUB INSPECTOR OF POLICE, KODAKARA ADDITIONAL, POLICE STATION. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENTS: RESPONDENTS ----------------------------------- 1. THE GOVERNMENT OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. BY GOVT PLEADER SRI K. SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2008, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. --------------------------------------------------------------- W. A. No 1562 of 2008 --------------------------------------------------------------- Dated this the 4th August 2008 JUDGMENT This appeal is filed against the common judgment passed by the learned single judge in a batch of four cases and against the judgment in one such case W.A.No 1242 of 2008 was filed which was disposed of by this court by judgment dated 16.06.2008 wherein this court directed the appellants therein to file detailed representation pointing out Annexure V to the Government and one of the representatives of the appellants was allowed to be heard. 2. It is contended by the counsel for the appellant that the appellants in this case are entitled to the benefit of third proviso to Rule 27 (a) of Part II of Kerala State and Subordinate Services Rules. Third proviso to Rule 27(a) deals with the mode of fixation of seniority, where the method of appointment to a post is by promotion, transfer and direct recruitment but at the ratio or percentage prescribed in relation to each method of appointment. When several vacancies are available the vacancies will have to be apportioned between promotees and direct recruits. Even if a person is temporarily appointed by promotion by applying the WA 1562/08 2 proviso, the ratio has to be fulfilled when appointments are finalised. The learned judge correctly held that the proviso only affirms the quota rule and does not carve out an exception therefrom. We fully agree with the same. If the appellants' claim was not considered in accordance with the quota rule and also in the additional representation, appellants can raise that point before the Government. We see no ground to take a different view from that in W.A. No 1242 of 2008 or the view expressed by the learned single judge. The appeal is disposed of as above. Sd/- J.B.KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 04/08/2008 en [true copy]