IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 29446 of 2008(E) -------------------------- PETITIONER(S): ----------------------- 1. PRAVEEN KUMAR.B, ASSISTANT EXECUTIVE ENGINEER, DISTRICT OFFICE, GROUND WATER DEPARTMENT, KOZHIKODE. 2. S. RINI RANI, ASSISTANT EXECUTIVE ENGINEER, DIRECTORATE OF GROUND WATER JALAVIJANA BHAVAN, AMBALAMUKKU, KOWDIAR, THIRUVANANTHAPURAM. 3. JIJI THAMPI, ASSISTANT EXECUTIVE ENGINEER, DISTRICT OFFICE, GROUND WATER DEPARTMENT, THRISSUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GROUND WATER SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, GROUND WATER DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.29446 of 2008 ===================== Dated this the 29th day of October, 2008. JUDGMENT The petitioners are Assistant Executive Engineers in the Ground Water Department. They have filed this Writ Petition praying for a writ in the nature of mandamus directing the first respondent to promote them temporarily to the post of Executive Engineer invoking Rule 31(a)(i) of Part I of the Kerala State and Subordinate Services Rules. They have also prayed for a declaration that they are entitled to be regularly promoted as Executive Engineers. 2. As per Ext.P1, the Kerala Ground Water Department Service Special Rules, 1993, the method of appointment prescribed for the category of Executive Engineer is by promotion of Assistant Executive Engineers possessing a degree in Agricultural, Mechanical, Mining Engineering with five years experience in the feeder category and Assistant Executive Engineers possessing a diploma in Mechanical/ Mining Engineering with twenty years experience in the department of which five years service shall be in the feeder category. As per the Special Rules, only 5% of the posts in the cadre of Executive Engineer are reserved to be filled up by Assistant Executive Engineers possessing Diploma in Mechanical/Mining Engineering. The Special Rules also contemplate appointment by direct recruitment in the absence of WP(C) 29446/08 -: 2 :- qualified hands eligible for promotion. The learned Government Pleader appearing for the respondents on instructions submits that though steps have been taken to amend the Special Rules, as it is a time consuming process, the proposed amendments are not likely to be carried out in the near future. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The petitioners do not admittedly possess five years experience in the feeder category of Assistant Executive Engineer. They cannot therefore claim promotion to the category of Executive Engineer either under Rule 31(a)(i) or on a regular basis. As the petitioners are not qualified as per the existing Special Rules, they cannot claim or be granted temporary promotion as Executive Engineer at present. Their entitlement for promotion will arise only after they acquire the prescribed experience and if the Special Rules are amended, if they fulfil the newly prescribed qualifications. The Writ Petition accordingly fails and is dismissed. P.N.Ravindran, Judge. ess 8/11