SURESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The bone of contention, in a manner of speaking, in this Writ Petition is as to the entitlement of the petitioners to be appointed to the post of Overseer Grade III in the service of the Kerala Water Resources Department. While the petitioners, on one hand, asserts that they are entitled to be appointed, the party respondents 3 to 12 contend otherwise.

(2.) The petitioners state that they were originally appointed as Overseer Grade III by an order dated 24.12015, invoking the provisions of the Special Rules. The appointment given to them was by transfer to the post of Overseer Grade III under the provisions of Rule 2 (5) of the Kerala Engineering Subordinate Service (General Branch) Rules 1958 [herein after referred to as the 'Rules']. It is conceded before us by the parties on either side that these Rules are applicable to the Kerala Water Resources Department also, by incorporation or adoption.

(3.) Broadly, the Rules provide for 12 categories of posts, out of which, the post of Third Grade Overseers is included as category No.5. The method of appointment to this post, as is discernible from Rule 2(5) of Rules, is either by direct recruitment or by promotion from category No. 7, which are called "Blue Printers". The said Rule further prescribes that in the absence of qualified Blue Printers, Attenders in the Department can be appointed by transfer under the promotion quota. The Note to this Rule stipulates that a ratio of 3 : 1 be maintained between direct recruitment and promotion.