IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WA.No. 2465 of 2009() --------------------- AGAINST THE ORDER IN I.A.No.13340/2009 in WPC.9441/2009 Dated 27/10/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. T.BABU, OVERSEER, THRISSUR MUNICIPAL CORPORATION ELECTICITY DEPARTMENT, THRISSUR. 2. K.BALAMURALI, OVERSEER, THRISSUR MUNICIPAL CORPORATION ELECTRICITY DEPARTMENT, THRISSUR. 3. C.RAMACHANDRAN, OVERSEER, THRISSUR MUNICIPAL CORPORATION ELECTRICITY DEPARTMENT, THRISSUR. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, (NOW REDESIGNATED AS DIRECTOR OF URBAN AFFIRS) THIRUVANANTHAPURAM. 2. THE THRISSUR CORPORATION ELECTRICITY DEPARTMENT REP.BY THE ASST.SECRETARY, THRISSUR MUNICIPAL CORPORATION, THRISSUR. 3. THE THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, THRISSUR CORPORATION. 4. K.A.ANIL KUMAR, OVERSEER, THRISSUR MUNICIPAL CORPORATION ELECTRICITY DEPARTMENT, THRISSUR. 5. P.BABU, OVERSEER, THRISSUR MUNICIPAL CORPORATION ELECTRICITY DEPARTMENT,THRISSUR. 6. M.K.RAMESH, OVERSEER, THRISSUR MUNICIPAL CORPORATION ELECTRICITY DEPARTMENT, THRISSUR ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R2 & 3 SRI.LELLULAL T.G.THUNDATHIL FOR R2 & 3 SMT.K.P.GEETHA MANI FOR R4 -R6 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.A.No.2465 of 2009 ----------------------------------------- Dated this the 15th day of March, 2010 JUDGMENT Balakrishnan Nair J. This is a writ appeal filed against an interim order passed by the learned single Judge. The appellants approached this court by filing the writ petition apprehending that they may be reverted from the post of Overseers. They are Overseers working in the Electricity Department of the Thrissur Municipal Corporation. Overseer is a promotion post of Lineman, which is to be filled up in the ratio of 60:40 between unqualified hands and qualified hands from Linemen. Appellants belong to the unqualified group. The contesting respondents 4 to 6 belong to the group of qualified persons. It is common ground that there are 27 posts of Overseers in the Electricity Department of Thrissur Municipal Corporation, out of which 16 will go to unqualified hands and 11 will go to qualified hands. Appellants apprehend that they may be reverted and in their place the qualified hands may be promoted, though the appellants are working in the posts set apart for unqualified hands. Therefore, they submit that the interim order granted should have been extended by the learned single Judge. So they appealed against the order dated 27-10-2009 of the learned single Judge declining to extend the interim order of stay. 2. Respondents pointed out that the writ petition itself is not W.A.No.2465 of 2009 -:2:- maintainable, which is filed against apprehended reversion. Further, they cannot get any interim order against an order which is yet to be passed. So the writ petition as well as the appeal is liable to be dismissed, it is contended. Respondents 4 to 6 also pointed out that the present impugned order is passed by the Municipal Corporation in implementation of the earlier directions of this court. 3. We find considerable force in the submission of the respondents. Appellants can seek remedies if only they are reverted. Having regard to the facts of the case we do not find any reason to extend the interim order. But, if reversion is found necessary, needless to say, the Municipal Corporation may do that, having regard to the ratio prescribed for promotion between qualified hands and unqualified hands and also the earlier directions issued by this court. In case the appellants are aggrieved by their reversion they will be free to work out their remedy against the same. The writ appeal is disposed of as above. K.BALAKRISHNAN NAIR, Judge P.N.RAVINDRAN, Judge. ahg. K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. --------------------------- W.A.No.2465 of 2009 ---------------------------- JUDGMENT 15th March, 2010