IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 12366 of 2007(V) ---------------------------------- PETITIONERS: ------------------- 1. MANI NAMBOODIRI.A, ANALAKKAD ILLAM, KUTTIKUNNU, THIMIRI, CHERUVATHUR, KASARGOD DIST. 2. RAJESH KUMAR, CHARUVILA KADAYIL VEEDU, KUTTIKKADU P.O., KADAKKAL, KOLLAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHEDULED TRIBES DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SCHEDULES TRIBES DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. ADDL. R4 IMPLEADED 4. ABDUL MAJEED, TRIBAL EXTENSION OFFICER, POST KUTHUPARAMBA, KANNUR DISTRICT PIN 670643. ADDL. R4 IMPLEADED AS PER ORDER DT. 26.11.07 IN IA. 15461/07. W.P.(C) NO.12366/2007 ADDL.R5 TO R7 ARE IMPLEADED. 5. ANIL BHASKARAN, S/O. P.N.BHASKARAN, JUNIOR SUPERINTENDENT, TRIBAL DEVELOPMENT OFFICE, MUVATTUPUZHA, RESIDING AT SWATHI NIVAS, THODUPUZHA. 6. SADIKALI K.A., S/O. ABOOBACKER, U.D. CLERK, ITDP OFFICE, ATTAPPADY, RESIDING AT KALLAYI VALAPPIL HOUSE, CHALLISSERY P.O, PALAKKAD DISTRICT. 7. G.ANILKUMAR, TRIBAL EXTENSION OFFICER, IDAMALAYAR, KOTTAMPUZHA P.O., UNDU TRIBAL DEVELOPMENT OFFICE, MUVATTUPUZHA, RESIDING AT SREEVALSAM HOUSE, VALAMBUR, PATTIMATTOM P.O., ERNAKULAM DISTRICT 683 562 ARE IMPLEADED AS PER ORDER DT. 10.12.07 IN IA. 15516/07. GOVERNMENT PLEADER SRI.SANTHOSH KUMAR - R1 & R2 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC - R3 SRI.K.RAMAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C0 NO.12366/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE RANKED LIST FOR THE POST OF TRIBAL EXTENSION OFFICER IN SCHEDULED TRIBES DEVELOPMENT DEPARTMENT. EXT.P2:- COPY OF THE SPECIAL RULES. EXT.P3:- COPY OF THE APPLICATION SUBMITTED BY PETITIONER NO.2 BEFORE THE INFORMATION OFFICER UNDER THE 2ND RESPONDENT. EXT.P4:- COPY OF THE ANSWER GIVEN BY THE STATE INFORMATION OFFICER UNDER THE 2ND RESPONDENT. EXT.P5:- COPY OF THE APPLICATION DT. 18.2.2007. EXT.P6:- COPY OF THE LETTER DT. 13.3.07 ISSUED BY THE STATE INFORMATION OFFICER UNDER THE 2ND RESPONDENT TOGETHER WITH INFORMATION FURNISHED. RESPONDENT'S EXHIBITS EXT.R2(a):- COPY OF THE STATEMENT SHOWING THE NUMBER AND NAME OF THE PERSONS WHO GOT PROMOTION AS TRIBAL EXTENTION OFFICERS INCLUDING JUNIOR SUPERINTENDENT (EQUIVALENT TO TRIBAL EXTENSION OFFICERS) AFTER 15.5.93. V.GIRI, J. ------------------------- W.P.(C).No.12366 of 2007 ------------------------- Dated this the 22nd day of February, 2008. JUDGMENT The petitioners are included in the rank list published by the Public Service Commission for the post of Tribal Extension Officer. The method of appointment to the said post is by direct recruitment as well as by promotion from Head Clerk/Upper Division Clerk in the Tribal Extension Department. There is a ratio of 1 : 1 between the direct recruits and the promotees. The cadre strength for the post of Tribal Extension Officer is 48. 2. Apparently, since there was delay in the recruitment process being undertaken, the vacancies which had arisen from time to time were filled up by promotees. But obviously, there could only have been provisional promotion in excess of 50% of the cadre strength. 3. A reading of the counter affidavit shows that regular promotions have been effected and according to the respondents, it could cause difficulties if the ratio is to be maintained in tact. W.P.(C).NO.12366/07 :: 2 :: 4. In my view, the explanation offered by the respondents in this behalf cannot be countenanced. The ratio of 1 : 1 between the promotees and direct recruits is statutorily prescribed. Therefore, it has to be adhered to. The vacancies which arise during the currency of the rank list are to be filled up by applying the ratio and always, in such a manner, by enforcement of the rank list as to maintain the ratio between the direct recruits and the promotees . 5. In the result, the writ petition is disposed of in the following terms: (1) The 2nd respondent shall take such steps as are necessary to see that all the vacancies which are currently existing or which may arise during the currency of the rank list are filled up in such a manner, by enforcement of the Ext.P1 rank list as to maintain the ratio between the direct recruits and the promotees. (2) If the reversion of any provisionally promoted person becomes necessary in that regard, it is obvious that the 2nd respondent shall take appropriate steps. The affected persons shall be W.P.(C).NO.12366/07 :: 3 :: heard before orders are passed in this regard. (3) The aforementioned process shall be completed by the 2nd respondent in the said manner by 30.6.2008. (4) The ratio of 1 : 1 between the direct recruits and the promotees in the post of Tribal Extension Officer in the Department of Scheduled Caste Development Department shall be maintained scrupulously. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//