RAJU Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) In these Original Petitions the final seniority list of Draftsman, Grade I as on 30.4.1993 prepared by the first respondent is under challenge. The reference to the parties and exhibits in this judgment is with reference to O.P. No. 7880/97 - K.

(2.) The petitioners are holders of diploma in Civil Engineering and they were advised and appointed as First Grade Draftsmen in the erstwhile Public Health Engineering Department. They were appointed in 1982 and 1983. The Special Rules for the Kerala Public Health Engineering Service were issued in 1966. The category of Draftsman included Water Works Inspector, Branch Inspector and Overseer. All these posts are in Grade I and diploma is the basic qualification. The lower category consisted of various posts referred to above in Grade II. The qualification prescribed for the above post is certificate. At the time of the appointment of the petitioners, promotion from the second grade to the first grade in the categories mentioned above was by 1:1 between the promotees and direct recruits.

(3.) The first respondent was constituted with effect from 1.4.1984 under the Kerala Water and Waste Water Act (hereinafter referred to as 'the Act'). The staff of the Public Health Engineering Department was transferred to the service of the first respondent under S.19 of the Act, Respondents 4 to 9 were appointed as second grade Draftsmen in the Public Health Engineering Department later than the petitioners. Later they were promoted to the post of First Grade Draftsman in accordance with the ratio of 1:1, Ext. P1 is the seniority list of First Grade Draftsman as on 1.1.1987 which was published for the first time after the formation of the first respondent. In the above list, the petitioners were seniors to respondents 4 to 9. The Special Rules for the Kerala Public Health Engineering Subordinate Service were amended first by Ext. P2 dated 8.12.1981 changing the ratio to 5:2:3 between Draftsmen Grade II / Meter Inspectors (combined), Works Superintendents Grade I and II and direct recruitment. The amendment brought into force by Ext. P2 was given retrospective effect with effect from 1.4.1968 by Ext. P3.