IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 20165 of 2010(U) -------------------------- PETITIONER(S): --------------- 1. JAGATHY.B, LINEMAN, PWD ELECTRICAL WING, TAGORE, THIRUVANANTHAPURAM (S/O.BALAN, AGED 46 YEARS, RESIDING AT KARAKKATHIVILA, BALARAMAPURAM.P.O). 2. SIMON.J, LINEMAN, PWD ELECTRICAL WING, WEST SECTION, THIRUVANANTHAPURAM (S/O.JOSEPH, AGED 45 YEARS, RESIDING AT "SABHALYAM", PALLOM, PULLUVILA.P.O). 3. ARUN KUMAR.V.K, LINEMAN, PWD ELECTRICAL WING, WEST SECTION, THIRUVANANTHAPURAM (S/O.S.BALAKRISHNAN NAIR, AGED 46 YEARS, RESIDING AT KOLLAMVILAKATHU HOUSE, KARINGAL, KANDAL.P.O). 4. ASHOK KUMAR.K, LINEMAN, PWD ELECTRICAL WING, SOUTHERN SECTION, THIRUVANANTHAPURAM (S/O.R.KRISHNAN, AGED 45 YEARS, RESIDING AT PULIYARATHARACKAL HOUSE, IRUMBA, ARUVIKKARA.P.O, THIRUVANANTHAPURAM). BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. CHIEF ENGINEER (ADMINISTRATION), P.W.D, THIRUVANANTHAPURAM-1. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KPSC, PATTOM, THIRUVANANTHAPURAM-4. BY GOVT. PLEADER SRI. ARAVINDAKUMAR BABU SC SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.20165 OF 2010(U) -------------------------------------------------- Dated this the 13th day of July, 2010 J U D G M E N T Petitioners are Linemen aspiring promotion to the post of Overseer Grd.II. According to the petitioners the post of Overseer is to be filled up in the ratio of 1:1 between direct recruits and promotees. It is stated that although the cadre strength is 114, and the promotees are entitled to 57 posts, their strength is much less and therefore the vacant posts in the promotion quota should be filled up. 2. The learned Government Pleader has obtained instruction in the matter and submits that the cadre strength is 84 and that among the 42 posts ear marked for the promotion quota, some of the Overseers Grd.II who are now occupying the posts, were reverted as Lineman. This court passed an order of stay of reversion in WP(c).No.15779/09. It is also pointed out that, only if the reversion is materialises, will there be vacancies in the promotion quota and in which event alone can the petitioners have a claim. It is pointed out that as at present there is no WPC.No. 20165/2010 :2 : vacancy in the promotion quota. 3. In the facts as pointed out by the Government Pleader, the claim made by the petitioners at this stage is unsustainable. The course open to the petitioners is to get themselves impleaded in the aforesaid writ petition and seek to get the stay vacated and thereafter alone they can require the authorities to fill up the vacancies in the promotion quota. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/