IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 4325 of 2007(M) ------------------------------------- PETITIONER: ------------------- T.REGHUNATHAN ACHARI, FIRST GRADE DRAFTSMAN, PUBLIC HEALTH SUB DIVISION, KERALA WATER AUTHORITY, KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADVS. DR.K.P.SATHEESAN, MR.K.K.GOPINATHAN NAIR, MR.M.R.JAYAPRASAD, MR.K.K.RAJEEV. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, WATER RESOURCES (WSC) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 3. KRISHNAPARASAD, SURVEYOR, KERALA WATER AUTHORITY, INVESTIGATION, PLANNING & DESIGN DIVISION, THIRUVANANTHAPURAM. *ADDL.R4 AND R5 IMPLEADED: 4. SUNILKUMAR P.K., AGED 45 YEARS, SURVEYOR GRADE I (HIGHER GRADE) OFFICE OF THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, KANNUR. W.P.(C). NO.4325/2007-M: 5. K. NARAYANAN, AGED 44 YEARS, SURVEYOR GRADE I (HIGHER GRADE), OFFICE OF THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, KANNUR. *ADDITIONAL RESPONDENTS 4 AND 5 IMPLEADED AS PER ORDER DT. 01/06/07 IN I.A. NO. 5532/07 OF W.P.(C).NO.4325/07). R1 BY GOVERNMENT PLEADER SMT. SUDHA DEVI, R2 BY ADV. MR.J.KRISHNA KUMAR, SC, KWA, R3 BY ADVS.MR. M.R.GOPALAKRISHNAN NAIR, ADDL.R4 & R5 BY ADV. MR.M.SASINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009, ALONG WITH W.P.(C). NOS. 6295/2007 & 30541/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 4325, 6295 &30541 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Dated this, the 1st June, 2009. J U D G M E N T All these cases raise a common issue and therefore are heard and disposed of together by this common judgment. 2. The petitioners are employees of the Kerala Water Authority. They are persons waiting in the queue for promotion to the post of Assistant Engineer. As per the Special Rules, they are in the feeder category. But, some of the surveyors Grade I, who are not included in the feeder category as per Special Rules, wanted themselves to be included in the feeder category for promotion as Assistant Engineer. A writ petition was filed by them, which resulted in a judgment dated 12-10-2006 in W.P(C) No. 26835/2006, in which, this Court directed the 1st respondent to consider and pass orders on the representation filed by the Surveyors in this regard. Pursuant thereto, the Government considered the matter and by Ext. P1 held as follows: “Government have examined the matter in detail and are pleased to order that qualified Surveyors Grade I who were in service from from 01.03.1984 having Civil Engineering Diploma and who have put in a minimum service of 8 years as 1st Grade Surveyor will be included in the feeder category for promotion as Assistant engineer in the Diploma quota. Necessary provisions will be made there to incorporate in the Special Rules to be framed/finalized under the Water Supply and Sewerage Act, 1986.” The petitioners are challenging Ext. P1. The contention of the petitioners is that Ext. P1 is only an executive order, which cannot amend the Special Rules for promotion to the post of Assistant Engineer which do not recognise Surveyors Grade I as a feeder category for promotion to the post of Assistant Engineer. Therefore, no promotions can be made relying on Ext. P1 executive order W.P.C. No. 4325/07 etc. -: 2 :- including Surveyors Grade I as a feeder category on the strength of Ext. P1, is the contention raised. The petitioners filed these writ petitions apprehending that despite the legal position, the respondents may make promotions based on Ext. P1. 3. This Court had passed an interim order staying the operation of Ext. P1 order. 4. A statement has been filed on behalf of the 1st respondent which reads thus: “1. It is submitted that as per G.O(Rt) No. 1625/06/WRD dated 28.12.2006, Government have issued an Executive order stating that qualified Surveyors Grade I who were in service from 1-3- 1984 having Civil Engineering Diploma and who have put in a minimum service of 8 years as Ist Grade Surveyor will be included in the Feeder Category of promotion as Assistant Engineer in the Diploma quota in Kerala Water Authority. It is also ordered that necessary provisions will be made hereto incorporate in the Special Rules to be framed/finalized under the Water Supply and Sewerage Act, 1986. 2. It is submitted that Government have not yet finalized the Special Rules for the Technical Staff of Kerala Water Authority. The question of including qualified Surveyors in the Feeder Category for promotion to the post of Assistant Engineer in the Special Rules is being considered and a decision in this regard will be taken in accordance with law. 3. It is submitted for for finalizing the Special Rules, there are so many procedures to be followed such as discussion with the representatives of service organizations, consultation with Kerala Public Service Commission, approval of the subject Committee etc.” 5. I have considered the rival contentions in detail. 6. It is settled law that Special Rules cannot be amended by an executive order. In fact, in Ext. P1 order itself, it is specifically stated that necessary provisions will be made in the Special Rules to be framed/finalized under the Water Supply and Sewerage Act, 1986. The Government themselves submit that the process of finalization of W.P.C. No. 4325/07 etc. -: 3 :- the Special Rules is in progress and has not yet been completed. Therefore, I am of opinion that the petitioners cannot have any grievance at present in the matter, in so far as the Government themselves would admit that Ext. P1 cannot be implemented without first finalising the Special Rules incorporating Surveyors Grade I also as a feeder category for promotion to the post of Assistant Engineers. Therefore, these writ petitions are closed with the above observation. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.