IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WA.No. 1629 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.19147/2006 Dated 20/02/2008 .................... APPELLANTS: PETITIONERS ---------------------- 1. CLARAMMA M.J., SUPERVISOR, ICSD OFFICE ERATTUPETTA, ERATTUPETTA P.O., KOTTAYAM DISTRICT. 2. MEENAKUMARI M.S., SUPERVISOR, ICSD OFFICE, BHARANICKAVU, KATTANAM, VETTIKODE P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.BENOY THOMAS SRI.PAULSON THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, SOCIAL WELFARE (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, SOCIAL WELFARE (A) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT) (C.D.SECTION), SHASTHRI BHAVAN, NEW DELHI. R1 TO 3 BY SR. GOVT. PLEADER SHRI. BENNY GERVACIS R4 BY CGSC SHRI. D. PREM KAMATH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ W.A.NO: 1629 OF 2008 ----------------------------------------------------------- Dated this the 21st August, 2008. JUDGMENT By Ext.P1 dated 20.5.1986 Government of India directed the State Governments to revise the existing recruitment rules by filling up 75% of posts of CDPOs by promotion from female supervisors of ICDS projects. Contention of the petitioner is that Ext.P3 statutory rules were framed, the above direction was not implemented and the supervisors of ICDS are not made in the feeder category for promotion of CDPOs. Respondents have to follow the statutory rules. Ext.P3 was framed in 1992. The Honourable Supreme Court in Union of India and others v. Naman Singh Shakhawat {2008(4) SCC 1} held that statutory rule is binding unless the statutory rule is made for favouring an individual person or violation of the Constitution of India. We agree with the reasoning of the learned Single Judge in upholding Ext.P3 rule. Hence we are not reiterating the same. Therefore we dismiss the writ appeal. This will not prevent the petitioner from making representations before the Government for amending statutory rules. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: