IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 37670 of 2007(H) --------------------------------------- PETITIONERS: --------------------- 1. SURESH KUMAR.S., AMBILI BHAVAN, ATHAZHAMANGALAM, NEYYATTINKARA P.O., TRIVANDRUM. NOW WORKING AS ASST.ENGINEER, MUNICIPAL COMMON SERVICE, TRIVANDRUM CORPORATION. 2. SMITHA P.J., VALLOMPARAMBATH PANIKKASSERY HOUSE, KAVILKADAVU, KODUNGALLOOR, NOW WORKING AS ASST.ENGINEER, MUNICIPAL COMMON SERVICE, TRICHUR CORPORATION, TRICHUR. 3. SHIBU L.NAIPAT, NAIPAT HOUSE, CHANGAMPUZHA NAGAR, KOCHI-33. NOW WORKING AS ASST.ENGINEER, MUNICIPAL COMMON SERVICE, COCHIN CORPORATION, KOCHI-11. 4. SUMA P.SURENDRAN, 21/1299, CHELAKKATTU HOUSE, PALLURUTHI, COCHIN-6. NOW WORKING AS ASST.ENGINEER, MUNICIPAL COMMON SERVICE, COCHIN CORPORATION, KOCHI-11. 5. FATIMA V.M., T.C.6/202 (2), NETHAJI ROAD, VATTIYOORKAVU, TRIVANDRUM - 13. NOW WORKING AS ASST.ENGINEER, MUNICIPAL COMMON SERVICE, TRIVANDRUM CORPORATION, TRIVANDRUM. 6. NIZAR.A., ASST.ENGINEER, MUNICIPAL COMMON SERVICE, CORPORATION OF COCHIN, KOCHI-11. 7. RAJ J.R., J.R.VILLA, VIYYOOR P.O., TRICHUR DIST., ASST.ENGINEER, TRICHUR CORPORATION, TRICHUR. Kss ..2/- ....2..... WPC.NO.37670/2007 H 8. SHEEJA.S.S. ROSS COTTAGE, M-14, CHITRA NAGAR, VATTIYOORKAVU, TRIVANDRUM - 13. ASST.ENGINEER, CORPORATION OF COCHIN. 9. KERALA MUNICIPAL GRADUATE ENGINEERS ASSOCIATION, REPTD. BY ITS JOINT SECRETARY NIZAR.A., REG.NO.01/39/90, E.N.65, KWA QUARTERS, GUEST CAMPUS, K.K.P.ROAD, ERNAKULAM, COCHIN - 682 018. BY ADV. SRI.P.K.BEHANAN SMT.ANCY.K.J. RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPTD. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001. 2. DIRECTOR OF URBAN AFFAIRS DEPARTMENT, (FORMERLY KNOWN AS MUNICIPAL ADMINISTRATION DEPARTMENT), TRIVANDRUM, PIN - 695001. 3. P.MUHAMMED ABDUL RAHMAN, NOW WORKING AS ASST.EXECUTIVE ENGINEER, MUNICIPAL COMMON SERVICE, C/O.DIRECTOR OF URBAN AFFAIRS DEPARTMENT, OFFICE OF THE DIRECTOR OF URBAN AFFAIRS DEPARTMENT, TRIVANDRUM, PIN - 695001. 4. RAMESAN PARACKAL, NOW WORKING AS ASST.EXECUTIVE ENGINEER, KOTHAMANGALAM. 5. P.K.PREMLAL, NOW WORKING AS ASST.EXECUTIVE ENGINEER, MUNICIPAL COMMON SERVICE, C/O.DIRECTOR OF URBAN AFFAIRS DEPARTMENT, OFFICE OF THE DIRECTOR OF URBAN AFFAIRS DEPARTMENT, TRIVANDRUM. Kss ...3/- ...3.... WPC.NO.37670/2007 H 6. K.K.MANOHARAN, NOW WORKING AS ASST.EXECUTIVE ENGINEER, MUNICIPAL COMMON SERVICE, MUNICIPAL OFFICE, PALAKKAD. 7. P.E.JAMES, NOW WORKING AS ASST.EXECUTIVE ENGINEER, MUNICIPAL COMMON SERVICE, C/O.DIRECTOR OF URBAN AFFAIRS DEPARTMENT, OFFICE OF THE DIRECTOR OF URBAN AFFAIRS DEPARTMENT, TRIVANDRUM, PIN - 695001. 8. M.K.RAMAKRISHNAN, NOW WORKING AS ASST.EXECUTIVE ENGINEER, MUNICIPAL COMMON SERVICE, MUNICIPAL OFFICE, KANNOOR. 9. P.A.RADHAKRISHNAN, NOW WOKRING AS ASST.EXECUTIVE ENGINEER, MUNICIPAL COMMON SERVICE, MUNICIPAL OFFICE, ANGAMALY. 10. E.GOPALAKRISHNAN NAIR, NOW WORKING AS ASST.EXECUTIVE ENGINEER, TRIVANDRUM CORPORATION OFFICE, TRIVANDRUM. RESIDING AT 'GOPALAYAM', CIT ROAD, MELARANNOOR, TRIVANDRUM - 695 002. 11. T.K.SAJEEV, NOW WORKING AS ASST.EXECUTIVE ENGINEER, MUNICIPAL COMMON SERVICE, MUNICIPAL OFFICE, N.PARAVOOR, ERNAKULAM DISTRICT. 12. M.P.MOHANAN, NOW WORKING AS ASST.EXECUTIVE ENGINEER, MUNICIPAL COMMON SERVICE, MUNICIPAL OFFICE, CHAVAKKAD, TRICHUR DISTRICT. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 37670 of 2008 -------------------------- Dated this the 11th January, 2008 J U D G M E N T The petitioners who are Degree Holders now working as Assistant Engineers in the Municipal Common Service are aggrieved that the ratio of 2:1 to be maintained between Degree Holders and Diploma Holders in the cadre of Assistant Engineers in the Municipal Common Service as laid down in Exhibit P1 Special Rules. Apparently, the ratio has not been adhered to in the promotions effected for the last 8 years. Grievance raised by the petitioners is contained in Exhibit P5 and other similar representations filed by the other petitioners before the 1st respondent. 2. The question as to whether the ratio to be maintained between the Degree Holders and Diploma Holders had been violated or not as a matter which has been looked into by the appointing authority. In my view, the petitioners should supply further details pointing out the date of occurrence of vacancy and the persons who are allegedly promoted in contravention of W.P ( C) No. 37670 of 2008 2 the ratio. These detains are not contained in Exhibit P5. Nevertheless, the petitioners have brought their grievance to the notice of the 1st respondent. In the circumstances, after hearing the learned Government Pleader also, this writ petition is disposed of directing the 1st respondent to consider Exhibit P5 and similar representations filed by other petitioners and take a decision thereon, within a period of two months from the date of receipt of a copy of this judgment. Petitioners shall file a supplementary representation before the 1st respondent giving a specific details of non-adherence to the ratio between Degree Holders and Diploma Holders, within four weeks from today and the same shall be considered by the 1st respondent within two months thereafter, after hearing the petitioners and any other affected persons. Petitioners shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No. 37670 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 37670 of 2008 2 ORDER 25th May, 2007