IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 37661 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. O.V. RAJAN, OVERSEER, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. 2. G. BIJU, LINEMN GRADE-I, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. 3. K. VIJAYAKUMARAN NAIR, LINEMAN GRADE-I, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. BY ADV. SRI.V.VARGHESE RESPONDENT(S): --------------- 1. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 2. THE THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, THRISSUR. 3. THE ASSISTANT SECRETARY, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. 4. K.A. ANILKUMAR, LINEMAN GRADE-I, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. WPC NO.37661/2009 5. P. BABU, LINEMAN GRADE-I, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. 6. M.K. RAMESH, LINEMAN GRADE-I, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R2& 3 SRI.LELLULAL T.G.THUNDATHIL FOR R2 & 3 SMT.K.P.GEETHA MANI FOR R4 TO 6 MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.37661/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF BOARD ORDER NO.1818/95 PS(SD) 2747/93/TVPM DATED 11/09/95 OF THE SECRETARY OF KSEB. P2 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN OP NO.11349/90. P3 : COPY OF JUDGMENT DATED 20/11/2001 OF THIS HONOURABLE COURT IN W.A.NOS.640 & 1405/2001. P4 : COPY OF ORDER NO.E4.3337/2003 DATED 02/03/2009 OF R1. P5 : COPY OF ORDER NO.E4-3337/2003 DATED 24/9/2009 OF R1. P6 : COPY OF OFFICE NOTE NO.E2(2)6907/04 DATED 18/02/2006. P7 : COPY OF LETTER NO.PS 1/84/88 DATED 29/03/1989 OF THE SECRETARY WITH ITS ANNEXURE. P8 : COPY OF B.O.NO.EB IV.25154/66 DATED TRIVANDRUM DATED 26/05/1970. P9 : COPY OF B.O.NO.EB.IV.25154/66 DATED TRIVANDRUM DATED 07/12/1978. P10 : COPY OF G.O.(MS) NO.12/70/DD DATED 19/01/1970. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.37661 of 2009 (C) --------------------------------- Dated, this the 2nd day of June, 2010 J U D G M E N T The petitioners belong to the unqualified category of Linemen Grade-I. The issue raised in this writ petition is the claim of unqualified Lineman Grade-I to be promoted to the post of Overseer in Thrissur Corporation. 2. Ext.P1 is the Rules followed by the respondents, which show that there is a ratio of 40:60 between qualified and unqualified Linemen for promotion to the post of Overseer. Even according to the respondents, the cadre strength is 27. If that be so, out of the cadre strength, 40% will go to qualified and 60% to unqualified linemen. According to the petitioners, the representation of the qualified is in excess of their quota and the unqualified is proportionately less. So long as the ratio is in force, the respondents are bound to maintain the ratio. Therefore, the only direction that is necessary in this case is that the respondents will ensure that in the matter of WP(C) No.37661/2009 -2- promotion to the post of Overseer, the ratio of 40:60 between qualified and unqualified Linemen Grade-I under feeder category will be maintained. Necessary review will be undertaken and orders thereon will be passed without delay. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg