YESUDASAN V D Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in W.P.(C) No. 14058 of 2009 are working as Overseer Grade I in the Engineering Wing of Local Self Government Department (hereinafter referred to as LSGD), while the petitioners in W.P.(C) No. 4414 of 2008 are working as Assistant Engineers in the LSGD. After the amendment of the Constitution of India by the 73rd amendment, the Kerala Panchayat Raj Act, 1994 was enacted. Before the 1994 Panchayat Raj Act, the Engineering staff of the Panchayats were governed by the Kerala Panchayat Common Service Rules, 1977. They had limited chances of promotion. Stagnation occurred in the entry cadre post for several years. In the year 1998, the Pay Revision Committee took note of the lack of promotion avenues to the Engineering staff of the Panchayat Department and made some suggestions. After the Constitution 73rd Amendment, the functional responsibility of the Engineering staff of Panchayats and Municipalities in the State were substantially enhanced. Under the Kerala Panchayat Raj Act, 1994, a new set of special rules came into existence, namely, the Kerala Panchayats Subordinate Service Rules, 1994, which were brought into force with retrospective effect from 1-1-1990. The 1994 Rules did not contain the post of Assistant Engineer. Later, the Government issued Special Rules for the Kerala Panchayat Services in 2006, as per G.O.(P)No. 47/2006/LSGD, which came into force with effect from 3-2-2006. The said Rules provide for the qualification and appointment to the post of Assistant Engineer. The method of appointment was by direct recruitment and appointment by transfer from the category of Overseer Grade I in the Kerala Panchayats Subordinate Service in the ratio 6:4.

(2.) The enhancement in the functional responsibilities of the Panchayats to a great extent necessitated creation of additional posts in the Ministerial Wing as well as in the Engineering Wing. The Ministerial staff working in the various Panchayats were given promotions when additional posts were created in implementation of the Kerala Panchayat Raj Act. However, the Government issued executive orders creating several Engineering cadre posts like Assistant Executive Engineer, Executive Engineer, Superintending Engineer, Chief Engineer etc. and to such additionally created posts, persons from Public Works Department, Irrigation Department, Water Resources Development Department etc. were deployed. G.O.(P)No. 186/2000/LSGD, dated 4-7-2000 was issued by the Government in that regard [Ext. P-1 in W.P. (C) No. 4414 of 2008 and Ext. P-2 in W.P. (C) No. 14058 of 2009]. As per the aforesaid Government Order dated 4-7-2000, the Government ordered deployment of one Chief Engineer, six Superintending Engineers and several Executive Engineers, Assistant Engineers and Overseers to Local Self Government Department from Public Works Department and Irrigation Department.

(3.) The Engineering Staff of the Panchayat Department filed O.P.No. 28909 of 2000 before this Court apprehending that the deployment of Engineering staff from other Departments to LSGD would result in the loss of promotion prospects of the Engineering staff of the Panchayats. This Court disposed of O.P.No. 28909 of 2000 along with several other Original Petitions by the judgment dated 19th March, 2002. The deployment from the Public Works Department and other Departments was also challenged by some of the personnel of those Departments. This Court considered the grievance of the Engineering Staff of the LSGD as the "third set of cases" and it was held thus: