IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 17666 of 2010(G) -------------------------- PETITIONER(S): --------------- 1. RANJITHKUMAR K.V, 3RD GRADE OVERSEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION (MECHANICAL SUB DIVISION) KANNUR - 2. 2. ANESHKUMAR P.G., 3RD GRADE OVERSEER, OFFICE OF THE ASSISTANT WORKS MANAGER, WORKSHOP SECTION, MALAMPUZHA, PALAKKAD DISTRICT. 3. SHUBI V.V., 3RD GRADE OVERSEER, OFFICE OF THE ASSISTANT WORKS MANAGER, WORKSHOP SECTION, MALAMPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, WATER RESOURCES (A) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (IRRIGATION AND ADMINISTRATION) THIRUVANANTHAPURAM 3. THE CHIEF ENGINEER (MECHANICAL) THIRUVANANTHAPURAM. BY SR.G.P.SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17666 of 2010 (G) --------------------------------- Dated, this the 8th day of June, 2010 J U D G M E N T The petitioners are Third Grade Overseers, aspiring promotion to the post of Second Grade Overseers, in the Irrigation Department. As per the Special Rules now prevailing, the post is to be filled up in the ratio of 3:1 between direct recruitment and promotion. The petitioners submit that the 8th Pay Revision Commission by Ext.P2 suggested amendment of the ratio into 1:1. According to the learned counsel for the petitioners, the matter is pending consideration of the Department. 2. The petitioners’ complaint is that at present, a valid rank list is available and that the Department is proposing to make appointments from the existing rank list by applying the ratio 3:1. The petitioners submit that if appointments are made as above, that will reduce their chances of promotions. It is with this grievances, this writ petition has been filed, mainly praying that the amendment to the Special Rules should be expedited and that in the meanwhile, WP(C) No.17666/2010 -2- the post shall not be filled up applying the provisions of the existing Special Rules. 3. Going by the pleadings itself, it is obvious that as at present, the amendment to the Special Rules has not come into effect and the existing ratio is 3:1. Having regard to the fact that there exists a valid rank list published by the Public Service Commission, it is open to the Irrigation Department to make appointments applying the Special Rules as it now stands. Therefore, the prayer of the petitioner to direct the respondents not to fill up the vacancies applying the Special Rules as it stands today, cannot be granted. Be that as it may, it is directed that the respondents will take action for expeditious completion of the steps they have taken for the amendment to the Special Rules. This writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) jg //TRUE COPY// PA TO JUDGE.