GIRISH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS were selected by the P. S. C. for the post of inspector in the Weights and Measures Department. The list of successful candidates was published on 30-3-92 and the petitioners have been assigned rank no. 13,14,15,21,22 and 24. There were 104 candidates in the select list. At the time of notification, the category was known as Divisional Inspector of Weights and measures. There were two categories namely Divisional Inspectors and technical Assistants. The special rules provide that 50% of the posts in the category of Divisional Inspectors were to be filled up by direct recruits and the balance by promotion/ transfer from approved probationer in the category of technical assistants/ upper Division Clerks in the department. In the rule it is further provided that ratio to be resorted to for such promotion shall be 1:6. The first post must go in favour of Technical Assistant and the next six post must go to the U. D. C. The rule further provided that in the absence of qualified persons for promotion/ transfer the vacancies will have to be filled up by direct recruits.

(2.) A counter affidavits filed on behalf of the first respondent. It is stated therein that the appointment of Inspectors by transfer from among qualified Technical assistant/u. d. clerk is the second method prescribed in the Kerala Weights and Measures Subordinate Services Special rules, 1978 and there is no stipulation that without resorting to direct recruitment appointment by transfer is illegal. In the special rule, the method of appointment of Inspector (W & M) is by direct recruitment and by promotion/ transfer. The 50% of the vacancies ear marked was direct recruitment and the other 50% of the vacancies was ear marked from among the Technical Assistant/ U. D. C. The post of Technical Assistant and u. D. Clerks are treated as two elements of a single category, both of them being departmental hands. The promotion was made strictly in accordance with the special rules.

(3.) THE department has correctly implemented the special rules, in making appointment to the post of Divisional Inspectors. THE Original Petition is without any merit and it, is dismissed. . .