K.A. BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The correctness and sustainability of Ext. P9 common interim order dated 24.08.2017 passed by the Kerala Administrative Tribunal in O.A. No. 919 of 2017 and connected cases is sought to be challenged by the applicants in the said O.A., by way of this Original Petition.

(2.) Heard Sri. S. Easwaran - the learned counsel for the petitioners, the learned Government Pleader appearing for the respondents 1 to 3, Smt. Girija Gopal - the learned counsel appearing on behalf of the respondents 4 to 11, Mr. Nandakumar - the learned counsel appearing for the respondents 12 to 29 and Mr. Davis - the learned counsel appearing for the additional respondent impleaded today.

(3.) The crux of the contentions raised by the petitioners is that, by virtue of the interim order passed by the Tribunal in clarification of the earlier orders issued on 27.06.2017, the core issue projected by the petitioners in the O.A. has lost significance and nothing remains to be argued in the O.A. The grievance is with regard to the filling up of the posts of Assistant Executive Engineers in the PWD Roads and Buildings Division. It is stated that the petitioners are having the requisite qualification as per the Special Rules, by possessing Diploma and seven years of service in the Department. The next higher post in the hierarchy [Assistant Executive Engineer] has to be filled up following the ratio 3 : 1; i.e. three from the Degree holders and one from the Diploma holders. However, in 1994, an Order was issued by the Government virtually giving en-bloc benefit to the Degree holders ignoring the right of the Diploma holders, whereby it was stipulated that under no circumstances would a diploma holder be promoted to the post, over the degree holder having longer service. This was sought to be challenged by filing appropriate proceedings before this Court, which has ended up in the judgment rendered in Association of Asst. Engineers [P.W.D.] Vs. Kerala Engineering Diploma Holders Associaiton [ILR 1998 (1) Ker. 217 = 1998 KHC 216], whereby it was held that there was no conflict between the Government Order and the Special Rules and that the 1994 Government Order was only 'supplementary' to the Special Rule. According to the learned counsel for the petitioners, there is a subsequent judgment rendered by another Bench of this Court as per the decision reported in 2003 (3) KLT 325 [Kerala Irrigation Engineers Association vs. State of Kerala], whereby the rights of the Diploma holders was protected and relief was granted accordingly. Despite the ruling rendered by the Division Bench as above, the earlier interim order passed by the Tribunal was modified and Ext. P9 came to be passed virtually directing to operate the list prepared earlier i.e. Annexure A4 list, to promote the Degree holders to the post of Assistant Executive Engineers virtually ignoring the rights and credentials of the Diploma holders. This in turn is under challenge in this O.P.