K P RATNA SINGH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are Selection Grade Auditors in the Local Fund Audit Department. In this writ petition, they are challenging Rule 6(ii) of the Kerala Local Fund Audit Service Rules, 2008, a copy of which is Ext.P1.

(2.) FOR the post of Auditor, the method of appointment laid down in the Rule is (1) by appointment by transfer from among Selection Grade Auditors or Senior Grade Auditors (in the absence of Selection Grade Auditor) in the Kerala local Fund Audit Subordinate Service and (2) by appointment by transfer from among Typists/Confidential Assistants (both direct recruit and promotee Typist/Confidential Assistant) in the Kerala Local Fund Audit Subordinate Service. Note (i) further provides that appointment by transfer from categories of Typists, Confidential Assistants and Selection Grade Auditors including Senior Grade Auditor, in the Local Fund Subordinate Service to the post of Audit Officer will be in the ratio of 1:1:15 respectively and that the ratio will be applied in a block of 17 vacancies of Audit Officers.

(3.) PETITIONERS have no case that the rule is ultra vires the parent statute or any other plenary law. In so far as the allegation attracting violation of fundamental rights is concerned, the only case is that the unequals have been treated equally.