IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WA.No. 1755 of 2008 ----------------------------- JUDGEMENT IN W.P.(C).NO.32934/2007 DATED 18/07/2008. .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ P.KRISHNAKUMAR, OVERSEER GRADE II (ELECTRICAL), ENGINEERING UNIT, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM. BY ADV. SRI.P.RAMAKRISHNAN, ADV. SMT.PREETHI KESAVAN. RESPONDENTS/ RESPONDENTS 1, 2 AND PETITIONER: --------------------------------------------------------------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM. 2. REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM. 3. K.RAVINDRAN, S/O.KOCHUCHERUKKAN, AGED 48 YEARS, WORKING AS ELECTRICIAN, MAHATMA GANDHI UNIVERSITY, KOTTAYAM, RESIDING AT KOTTAPURATHU HOUSE, OLAKETTIYAMBALAM P.O. MAVELIKKARA, ALAPPUZHA DISTRICT. R1 & R2 BY ADV. SRI. T.A. SHAJI, SC, R3 BY ADV. SRI.P.B.SURESH KUMAR. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.1755 OF 2008 () ----------------------------------- Dated this the 30th day of September, 2008 J U D G M E N T KOSHY,J. The 3rd respondent in this appeal (writ petitioner) had commenced service in the Engineering Unit of the 1st respondent as an Electrician on 20.2.1996. Appellant joined service as an Electrician only on 15.7.1997. But on the basis of a selection process on 22.9.2001, appellant was appointed as Overseer Grade II (Electrical). When three posts of Overseer Grade I (Electrical) were sanctioned, Syndicate by its meeting held on 20.7.1998, decided that promotion should be effected in the ratio 1:1 from among Overseer Grade II and Electrician on the basis of seniority. But at that time, eligible Overseers Grade II were not in service, and therefore, three Electricians were appointed. But in 2005, another vacancy arose. That was given to Overseer W.A.1755/08 2 Grade II. In the next vacancy, appellant, being an Overseer Grade II, is entitled to be promoted considering the quota fixed and cadre strength. It is well accepted principle that once the ratio is prescribed, it should be followed strictly and the ratio has to apply with regard to substantial vacancies considering the cadre strength. Considering the cadre strength appellant is entitled to be promoted as Overseer Grade I. But the learned Single Judge accepted the contention of the writ petitioner on the ground that there was a break down of quota rule and even in such circumstances, employer can fix a fair method as held by the Supreme Court in Direct Recruit Class II Engineering Officers' Association v. State of Maharashtra and others ((1990) 2 SCC 715). Here the Overseer Grade I has to be taken up from Electricians as well as Overseer Grade II. The above ratio was fixed when new posts of Overseer Grade I were created. At that time, in the absence of qualified candidates, three Electricians were promoted. Thereafter, one Overseer was also promoted. The new vacancy also should be given to Overseer Grade II as decided by the employer in accordance with the quota rule and no interference by the Court is W.A.1755/08 3 required as no injustice is done. In the above circumstances, we set aside the judgment of the learned Single Judge and allow the writ appeal holding that appellant is entitled to selection to the next post of Overseer Grade I. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th September, 2008