IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 2106 of 2006(A) --------------------------------- PETITIONERS: ----------------- 1. A.P.MOHAN, 'AISWARYA', MAKKARAPPARMBU P.O, PIN - 676 507, U.D.CLERK(HG), THE ASSISTANT LABOUR OFFICE, MALAPPURAM. 2. GOPAKUMAR.S., PUTHENVEEDU, NORTH ARYAD PO ALAPPUZHA - 688 542, U.D.CLERK(HG), THE INDUSTRIAL TRIBUNAL, ALAPPUZHA. 3. R. GOPAKUMAR, KUZHIVELIL VEEDU, KURRICODU P.O. KOLLAM, THE DISTRICT LABOUR OFFICER, KOLLAM. BY ADV. SRI. P. SANTHALINGAM (SR.) SRI. S. SHARAN RESPONDENTS: ------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO THE LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 2. THE LABOUR COMMISSIONER, O/o. THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2106/2006 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF EXTRACT OF THE KERALA LABOUR SUBORDINATE SERVICE RULE SRO No. 1116/91. EXT. P2 : COPY OF THE NOTIFICATION No. 1763/90 DATED 25TH DECEMBER 1990. EXT. P3 : COPY OF THE EXTRACT PUBLISHED IN MATHRUBHOOMI THOZHIL VARTHA DATED 14.1.2006. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 2106 OF 2006 --------------------------------------- Dated this the 20th day of June, 2008. J U D G M E N T The issue raised in this writ petition pertains to promotion to the post of Assistant Labour Officer Grade II. The method of appointment to the said post is by direct recruitment and promotion in the ratio of 1:3. 2. The Public Service Commission has published a rank list recently and when appointments were going to be made, the petitioners herein approached this Court contending that the ratio should be worked with reference to the vacancies arising from time to time. But, in view of the provisions contained in Rule 5 of the General Rules, as interpreted by the Apex Court in Prakash v. Kurien (1999(2)KLT 710), the ratio has to be worked out with reference to the cadre strength. Whenever there is a short fall among the Assistant Labour Officers, representing a particular group, the said vacancy has to be filled up from that group alone. In view of the above authoritative pronouncement of the Apex Court, no relief can be granted to the petitioners in this writ petition. Of course, when there is no PSC list, the petitioners W.P.(C) No. 2106/06 2 may claim provisional promotion and the competent authority will be free to make provisional promotions as per Rule 31 of the General Rules, subject to the condition that the provisional promottee, in excess of the quota, has to give place as and when the PSC recruit comes. Subject to the above observation, this writ petition is dismissed. KURIAN JOSEPH, JUDGE. smp W.P.(C) No. 2106/06 3 KURIAN JOSEPH, J. W.P.(C) No. 2106 OF 2006 J U D G M E N T 20.06.2008