KERALA IRRIGATION ENGINEERS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) These three cases relate to the inter se dispute between the Assistant Engineers who possess qualifications of Degree and Diploma. The controversy centers on the interpretation of the provisions contained in the Kerala Engineering Service (Civil and General Branch) Rules, 1965. The facts as appearing from the record in W.A.No.762 of 2003 may be briefly noticed.

(2.) The Kerala Engineering diploma Holder s Association approached this Court through a petition under Article 226 of the Constitution. Their complaint was that the vacancies in the cadre of Assistant Executive Engineers were being filled up by promoting the Graduate Engineers and the share as available to the Diploma holders under the Statutory Rules was not being given to them. A number of persons who were eligible had been overlooked. Thus, the petitioner prayed that a writ of mandamus be issued directing the State Government to fill up the posts of Assistant Executive Engineers by promotion from the select list, a copy of which had been produced as Ext.pl.No counter-affidavit was filed despite service by the Department.

(3.) The learned Single Judge considered the matter. It was found that the Government had not taken any decision to keep the posts vacant. There was no justification for denying promotion to the eligible persons. Thus, the Petition was disposed of with a direction to the respondents to fill up the vacancies in the cadre of Assistant Executive Engineers by promotion of Diploma holders among the Assistant Engineers in accordance with law within three months from the date of receipt of a copy of this judgment.