IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 13681 of 2011(I) ---------------------------------------- PETITIONER(S): ------------------------ K.MATHEW, OVERSEER-HIGHER GRADE (RETIRED), SOIL CONSERVATION DEPARTMENT, RESIDING AT VADASSERIPARAMBIL, KADAIKKAMAN, PATHANAPURAM.P.O., KOLLAM DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001, THIRUVANANTHAPURAM (H.P.O) 2. THE REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS, O/O.REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS, KOLLAM, PIN-691 001, KOLLAM (H.P.O.). R1 & R2 BY GOVERNMENT PLEADER SRI. K. RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13681/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXPERIENCE CERTIFICATE NO.A/4/08 DTD. 02/01/2008. P2: COPY OF THE APPLICATION DTD. 18/01/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF THE LETTER NO.F.1046/2000/917 DTD. 08/04/2008 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE LETTER ALONG WITH THE COPY OF THE CHALAN DTD. 29/04/2008 SUBMITTED BEFORE THE 2ND RESPONDENT. P5: COPY OF THE LETTER NO.E(2) 3251/08 DTD. 26/07/2008 ISSUED BY THE 2ND RESPONDENT. P6: COPY OF THE LETTER NO.77864/RC.3/2008 DTD. 24/12/2008 ISSUED BY THE 1ST RESPONDENT. P7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BY REGISTERED POST DTD. 12/03/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.T. RAVIKUMAR, J. ........................................... W.P.(C).NO.13681 OF 2011 ............................................. Dated this the 25th day of May, 2011. JUDGMENT The petitioner, who retired from the service of the Soil Conservation Department as Overseer, has filed this writ petition mainly with the prayer to declare him as entitled to be considered for registration as Supervisor/Engineer B as per the Kerala Municipality Building Rules, 1999. 2. The claim of the petitioner is founded on an assertion that while he was in service, he had been performing the duties of an Assistant Engineer. It is further contended by the petitioner who is a matriculate that he had passed certain subjects in the former civil engineering course under the Kerala Government Technical Examinations conducted by the Commissioner, Board of Public Examinations, Kerala State and that after his retirement on 30.4.1997 he was attending civil construction works related to the infrastructure developments in the rural panchayat areas. On account of the implementation of the Kerala Municipality Building Rules, 1999 to panchayat area it W.P.(C).NO.13681 OF 2011 : 2 : become necessary to get registration as Engineers/Supervisors to prepare plan and estimate. Based on such claims, the petitioner considered himself eligible and entitled to be treated as an Engineer and accordingly submitted Ext.P2 application to get registration as Engineer B. However, Ext.P2 application submitted for that purpose was ultimately rejected by the second respondent as per Ext.P5. The petitioner was informed that he is not eligible for registration as Engineer B/Supervisor as per the Kerala Municipality Building Rules. It is stated thereunder that registration as Supervisor/Engineer B could be granted to persons not possessing the prescribed qualifications for such registration as per the KMBR in terms of the Government letter under reference. Feeling aggrieved by Ext.P5, the petitioner has moved the Government. The petitioner is informed as per Ext.P6 that he is ineligible for registration as persons retired from Government service from a post below to the post of Assistant Engineers are entitled for registration. It is challenging Exts.P5 and P6 and seeking such other W.P.(C).NO.13681 OF 2011 : 3 : consequential reliefs that this writ petition has been filed. Admittedly, the petitioner retired from the service of the Soil Conservation Department as an Overseer. Even if the petitioner had discharged the duties of Assistant Engineer while in service, that cannot be a reason for registering the petitioner as Engineer B as per the Kerala Municipality Building Rules. There is no reason to interfere with Ext.P6. Accordingly, it is dismissed. Sd/= C.T. RAVIKUMAR, JUDGE. /true copy/ P.S. to Judge. cl