AJEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners approached the Tribunal challenging the ratio prescribed for appointment as Assistant Station Officer by promotion. The Tribunal dismissed the challenge in the light of the judgment of this Court in Elsy P. Sebastian and Others v. K. L. Sudhamony and Others [2010 (1) KHC 632], wherein this Court held that the ratio of promotion category in a Rule cannot be challenged unless it is shown that rule is ultra vires, beyond the rule making power of the delegate of legislature, arbitrary and unreasonable.

(2.) Invoking power under the Kerala Public Services Act, 1968, the Government of Kerala made the Special Rules in respect of the Kerala Fire Subordinate Service, 1988. There are six categories of officers in the service. The category 2 is the Assistant Station Officer. Appointment to the post of Assistant Station Officer is from Category 3 - Leading Fireman and Category 4 - Driver Mechanic. In the Note, the ratio between Leading Fireman and Driver Mechanic is fixed at 9:1.

(3.) The Leading Fireman is now renamed as Senior Fire & Rescue Officer (hereinafter referred to as 'Leading Fireman'). The Driver Mechanic is renamed as Senior Fire & Rescue Officer (Mechanic) (hereinafter referred to as 'Driver Mechanic'). The cadre strength of Leading Fireman is 502. The cadre strength of the Driver Mechanic is 130.