IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WA.No. 164 of 2008() -------------------- AGAINST THE JUDGEMENT IN OP.10418/2003 Dated 07/12/2007 .................... APPELLANT: PETITIONER --------------------- K.T.VASUDEVAN, S/O.SRI.K.T.APPU, ASSISTANT ENGINEER, ENGINEERING DIVISION, KCAET, THAVANUR, MALAPPURAM. BY ADV. DR.K.P.KYLASANATHA PILLAY SMT.SREEDEVI KYLASANATH RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FARM DEPARTMENT AND AGRICULTURAL PRODUCTION COMMISSIONER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KERALA AGRICULTURAL UNIVERSITY P.O. VELLANIKKARA, THRISSUR DIST. 3. VICE CHANCELLOR, KERALA AGRICUTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 4. MUHAMMED IRSHAD B., ASSISTANT ENGINEER (PROVISIONAL) ENGINEERING SUB DIVISION, VELLANIKKARA, THRISSUR. R1 BY GOVT. PLEADER SRI.BENNY GERVASIS R2 & R3 BY SRI.RANJITH THAMPAN,SC, AGRL.UTY R4 BY ADV. P.P.ARAVINDAKSHAN PILLAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.A.No.164 of 2008 ======================== Dated this the 18th day of January, 2008. JUDGMENT Balakrishnan Nair,J. The writ petitioner is the appellant. He is an Assistant Executive Engineer (Civil) in the Kerala Agricultural University. Initially, he was appointed in the University as Overseer Grade I on 8.8.1983. He was promoted as Assistant Engineer on 21.4.1988. The next promotion post is the Assistant Executive Engineer. The said post was being exclusively filled up by graduate Assistant Engineers. But amended rules were brought into force with effect from 29.1.2003 prescribing a ratio of 3:2 between the degree and diploma holders among Assistant Engineers for promotion to the post of Assistant Executive Engineer. The petitioner claims that he is the senior most WA 164/08 -: 2 :- Assistant Engineer waiting for promotion. 2. The fourth respondent was recruited as Overseer Grade I on 25.11.1988. He was promoted as Assistant Engineer on 1.7.1997. The post of Assistant Engineer is to be filled up in the ratio of 3:2 between direct recruits and promotees. The petitioner submitted that the fourth respondent was promoted as Assistant Engineer ignoring the ratio prescribed for promotion to that post. This contention is raised for the first time when the petitioner became eligible to be considered for promotion to the post of Assistant Executive Engineer after the amendment of the rules and the fourth respondent was a rival in the field having superior claim as he is a graduate. The learned single Judge dismissed the writ petition holding that the petitioner cannot be permitted to challenge the promotion given to the fourth respondent as Assistant Engineer in 1997. This appeal is filed challenging the said judgment of the learned Judge. 3. We heard the learned counsel for the appellant. She reiterated the contentions raised before the learned Judge. The challenge is made in 2003 against promotion made in 1997. The petitioner is guilty of delay and latches. Further he has no locus WA 164/08 -: 3 :- standi also to raise the challenge against the promotion to the feeder category of Assistant Engineer as the aggrieved persons are the direct recruits. We, therefore, find no reason to interfere with the judgment of the learned single Judge. In the result, the writ appeal fails and it is dismissed. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 21/1