PUBLIC WORKS ENGINEERS ASSOCIATION Vs. P.T. PHILIPOSE

JUDGEMENT

(1.) BY order dated 10th April 1997,we allowed the appeals upholding the validity of G.O.( Ms.) No.86/94/PW and T dated 3rd October 1994(Ext.P -7)and G.O.( Ms.) No.43/96/PW and T dated 9th February 1996(Ext.P -12)and now we state the reasons for our conclusion.

(2.) THESE appeals have been filed against a common judgment of the learned Single Judge disposing of a number of Original Petitions relating to promotion to the posts of Assistant Executive Engineers in the Public Works(Roads and Buildings)Department.Some of these appeals have been preferred by the State of Kerala and the rest by the graduate Assistant Engineers,

(3.) GOVERNMENT was thinking of bifurcating the Public Works Department in the light of the increasing need for specialisation in the activities undertaken by the Roads and Buildings Division and the Irrigation Division.A committee was appointed to study this question and it made recommendations on the future set up of the department.Consequently,Government issued G.O.( P)No.27/90/PW and T,dated 29th March 1990 [Ext.R -2(a,) ] - By this order,the existing Public Works Department was bifurcated into two departments viz.Irrigation Department and Public Works(Roads and Buildings)Department with effect from Ist April 1990.These departments were to deal with the subjects hitherto dealt with by the Irrigation Wing and Public Works Department Wing respectively.The Government order further contained certain clauses with respect to the service conditions of the employees working in the department.Under Clause.7(k)of the above Government order,the employees were given option either to opt to the Roads and Buildings Department or to the Irrigation Department.If the number of persons in a particular category,who had opted to a department,is in excess of the sanctioned strength of that category of that department,the junior most among such persons would be allotted to the other department on temporary basis and they would be absorbed in the department of their option later,when regular vacancies arose in that category of the opted department.Clause.7(xvii)of the Government order is relevant to be noticed: