IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 OP.No. 10952 of 2001(D) ---------------------------------- PETITIONER(S): ---------------------- 1. SALITH K.K., GENERAL SECRETARY, KERALA WATER AUTHORITY OVERSEER'S ASSOCIATION, PIPE LINE SECTION, ALUVA. 2. THAMPI K.N., DRAFTSMAN GR.II, W.S. DIVISION, KERALA WATER AUTHORITY, KOCHI-14. 3. K.R. RAJAPPAN, OVERSEER GR.III, PIPE LINE SECTION, KERALA WATER AUTHORITY, ALUVA. BY ADV. MR.M.V.BOSE MR.CHERIAN VARGHESE MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. ADV. MR.ALEXANDER THOMAS,SC,KPSC FOR R1 SMT.CHINCY GOPAKUMAR, SC, KWA FOR R2 MR.J.KRISHNA KUMAR, SC, KWA FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 10952/2001-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXTRACT OF THE RANK LIST FOR THE POST OF DRAFTSMAN GR.II. EXT.P2: COPY OF THE CIRCULAR DATED 09/02/2001 ISSUED BY THE CHIEF ENGINEER (PS & G1). EXT.P3: COPY OF THE ORDER DATED 09/02/2001 OF THE CHIEF ENGINEER (PS & GL). EXT.P4: COPY OF THE REPRESENTATION DATED 19/09/2000 FROM THE GENERAL SECRETARY, KWA OVERSEER'S ASSOCIATION TO 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER DATED 01/12/2000 IN CMP NO.57693/2000 IN O.P. NO. 33773/2000. EXT.P6: COPY OF THE RELEVANT PORTION OF FINAL SENIORITY LIST OF DRAFTSMAN GRADE II AS ON 01/01/1996. EXT.P7: COPY OF THE REPRESENTATION FROM THE 1ST PETITIONER TO 2ND RESPONDENT DATED 16/10/2006 WITH JUDGMENT IN O.P. NO. 4850/2000-B. EXT.P8: COPY OF THE REPRESENTATION DATED 18/07/2007 FROM THE 1ST PETITIONER TO PRINCIPAL SECRETARY, WATER AUTHORITY DEPARTMENT, THIRUVANANTHAPURAM. EXT.P9: COPY OF THE APPLICATION FROM THE 1ST PETITIONER TO PUBLIC INFORMATION OFFICER, DATED 22/08/2008. EXT.P10: COPY OF THE APPLICATION FROM 1ST PETITIONER, BEFORE THE STATE INFORMATION COMMISSION, DATED 16/08/2008. EXT.P11: COPY OF THE LETTER DATED 12/12/2008 FROM THE STATE PUBLIC INFORMATION OFFICER TO K.K.SALIH. EXT.P12: COPY OF THE LETTER FROM CHIEF ENGINEER, (HRD & GL) K.W.A. TVM. TO 1ST PETITIONER, DATED 05/07/2008. EXT.P13: COPY OF THE ORDER OF THE 2ND RESPONDENT DATD 28/10/2000. EXT.P14: COPY OF THE ORDER DATED 13/08/2008 OF THE 2ND RESPONDENT. EXT.P15: COPY OF THE SENIORITY LIST OF DRAFTSMAN GR.II SUBMITTED BY 1ST PETITIONER ASSOCIATION BEFORE 2ND RESPONDENT DATED 31/01/2008. EXT.P16: COPY OF THE JUDGMEN IN O.P. NO. 879 OF 2002-D. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 10952 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th March, 2009. J U D G M E N T The grievance raised by the petitioners in this original petition is regarding the manner of appointment to the post of Draftsman Grade II. As per the Special Rules, a ratio of 1:1 is prescribed as between direct recruits and promotees from Draftsman Grade III/Overseer Grade III. The grievance of the petitioners is that between 8-12-1995 and 1-1-1996, 511 direct recruits were appointed without any corresponding promotion of Draftsman Grade III/Overseer Grade II as Draftsman Grade II. However, now that the petitioners also have been promoted, they would submit that their seniority has to be re-arranged as between them and the direct recruits on the basis of the ratio and the date of occurrence of vacancy. 2. If I am to accept the contentions of the petitioners and allow the original petition, I will have to necessarily over-turn settled seniority in respect of direct recruits. Without the direct recruits in the party array, I cannot do the same. As such, the original petition is bad for non-joinder of parties. The original petition is dismissed on that ground. Sd/- S. Siri Jagan, Judge. Tds/