P.V. RAVINDRAN Vs. STATE OF KERALA,

JUDGEMENT

(1.) AGGRIEVED by judgment in O.P. No. 16824 of 2001, the unsuccessful Petitioner therein preferred the instant appeal.

(2.) THE Writ Petition was filed challenging the legality of an order dated 24.6.1998 marked as Ext.P1 in the writ petition, by which the 3rd Respondent herein was provisionally promoted as Assistant Engineer (Mechanical) against the vacancy earmarked for certificate holders and posted as Assistant Engineer in Mechanical Sub Division, Chalakkudy. The prayers in the writ petition are as follows.

(3.) THE method of appointment to each of those posts are indicated in 2 of the above mentioned rules. Coming to the post in question, i.e.; Assistant Engineer (Mechanical), two possible methods of appointment are specified, i.e.; either by direct recruitment or by promotion from Category No. 3 mentioned above. The Rule also prescribed a particular ratio to be maintained in making recruitment to the said post, either by direct recruitment or by promotion. In so far as the vacancies to be filed up by promotion, i.e.; four vacancies out of ten, three vacancies are required to be filled up by the candidates possessing a diploma in the appropriate branch and one post by holders of certificate specified in Section (C) of annexure to the said rules. The relevant portion of Rule 2 reads as under;