JAYACHANDRAN C ASSISTANT ENGINEER (CIVIL) GREATER COCHIN DEVELOPMENT AUTHORITY Vs. GREATER COCHIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners in all these cases are directly recruited Assistant Engineers (Civil) working in the Greater Cochin Development Authority (GCDA) - the 1st respondent, who are aggrieved by the denial of promotion as Assistant Executive Engineer. The parties and documents referred to in this judgment are as described in W.P.(C) No.6538 of 2016, unless otherwise expressly provided.

(2.) Petitioners in all these cases are graduates in Engineering. They were appointed as Assistant Engineers (Civil) in the Greater Cochin Development Authority (GCDA), as per Ext P1 order dated 20.04.2012, based on advice memos dated 04.04.2012 of the Kerala Public Service Commission. They have successfully completed their probation in the year 2014 and are eligible for promotion as Assistant Executive Engineers.

(3.) The GCDA has not framed any Special rules prescribing the qualification or method of appointment or service conditions of its employees in the Engineering wing. The case of the petitioners is that their further promotions are to be made in accordance with the provisions contained in Kerala Engineering Service (Civil and General Branch). At the same time the party respondents who were appointed as Assistant Engineers by transfer appointment from GCDA and are diploma holders claim that promotion is governed by the Special Rules for Municipal Common Service (Engineering and Town Planning) Service 2001 and the Special Rules for Local Self Government Engineering Service, 2007. On the other hand the GCDA has been consistently changing its view from time to time. As a result of this inconsistent stand, promotions are not made to the post for several years.