KERALA WATER AUTHORITY Vs. K J AUGUSTINE

JUDGEMENT

(1.) THE question raised in these Appeals for decision is whether the principles contained in Note (3) to rule 5 of the Kerala State & Subordinate Services Rules, that when a ratio is prescribed for appointment to a post from different sources, it has to be worked out with reference to cadre strength, will apply to promotions.

(2.) THE brief facts of the case are the following : THE writ petitioner who is the respondent in Writ Appeal no. 353/2000 is working as an Assistant Engineer in the Kerala Water Authority since August, 1988. He is a Diploma holder in Civil Engineering and is therefore eligible for promotion as Assistant Executive Engineer. For promotion, a ratio of 3 : 1 is prescribed between Degree holders and Diploma holders in the cadre of Assistant Engineer. According to him, the ratio has to be applied in relation to cadre strength while ordering promotions. His representations for applying the ratio to the cadre strength, instead of vacancies, were rejected. THErefore, he approached this Court by filing O. P. No. 21603/99 which was allowed by the learned single Judge directing to apply the ratio with reference to the cadre strength instead of vacancies. THE respondents in the Original Petition filed W. A. No. 353/2000. Four Graduate Engineers who are not parties to the original petition have filed Writ Appeal No. 552/2000, impugning the very same judgment.

(3.) NOTE (3) was introduced with effect from 2. 2. 1993. The opening sentence of rule 5 speaks of application of ratio in the case of "direct recruitment" and "transfer" whereas NOTE (3) speaks of recruitment/appointment. The principle contained in NOTE (3) concerning the application of ratio applies not only to different methods of recruitment, but also to appointments otherwise than by recruitment. The said distinction assumes importance in the light of the definition of promotion contained in rule 2 (11) of Part 1 KS & SSR wherein promotion is defined as follows : Promotion means the appointment of a member of any category or grade of a service or a class of service to a higher category or grade of such service or class. (emphasis supplied) In common parlance, there is no distinction between appointment by promotion and a recruitment by transfer. But, in the light of the statutory definitions contained in Part I of KS & SSR, promotion is appointment from a lower post to a higher post in the same service whereas recruitment by transfer is appointment from a post in one service to another post in a different service. In the same Department, there may be more than one service. For example, in the Revenue Department, there are four services, namely, Revenue Ministerial Subordinate Service consisting mainly of Lower division Clerk/village Assistant, Upper Division Clerk/village Officer and revenue Inspector/head Clerk; Revenue Subordinate Service consisting of Deputy tahsildar/junior Superintendent; Revenue Service consisting of Tahsildar/senior superintendent and Kerala Civil Service (Executive) consisting of Deputy collector. The appointment of a LDC as UDC or an UDC as Head Clerk is promotion. Appointment of a Head Clerk/revenue Inspector as Deputy Tahsildar is recruitment by transfer. The same is the case of appointment to the posts of tahsildar and Deputy Collector even though in common parlance, such appointments would be described as promotion.