KERALA LAND REVENUE STAFF ASSOCIATION Vs. SUDHEER BABU

JUDGEMENT

(1.) The point that arises for decision in this case is whether the ratio of 4:1 between appointment by transfer and by direct recruitment to the post of Deputy Collector in the Kerala Civil Service (Executive) is to be worked out with reference to the cadre strength of Deputy Collectors or the total cadre strength of Deputy Collectors and Higher Grade Deputy Collectors taken together.

(2.) The writ petitioners who are respondents 1 to 3 herein were persons included in the rank list published by the Kerala Public Service Commission, for appointment to the post of Deputy Collector. According to them, if the ratio is worked out with reference to the cadre strength of Deputy Collectors, a few more vacancies are available for appointment from the P.S.C list. The Government and the contesting respondents canvassed for the position that the cadre strength of Deputy Collectors should be computed, taking into account the number of higher grade posts also. The post of Deputy Collector (Higher Grade) is created for the purpose of providing promotional avenues and there is a ratio of 3:1 between those posts. Both the posts should be taken together as belonging to the cadre of Deputy Collector, it was contended. The learned Single Judge, after hearing both sides, upheld the contentions of the writ petitioners and directed to ascertain the vacancies available for direct recruitment and issued further consequential directions. Feeling aggrieved by the directions issued by the learned Judge, this appeal is filed by the additional third respondent in the Writ Petition.

(3.) Learned Counsel for the appellants, Sri. N. Sugathan, relied on Exhibit R3(d) order, to contend that there is a ratio of 3:1 between Deputy Collectors and Deputy Collectors (Higher Grade). Promotion to the higher grade is only in accordance with the above ratio, which is being ordered whenever there is dearth in the higher grade with reference to that ratio. The duties and functions of both the posts are the same. Exhibit R3(f) posting order of Deputy Collectors for election duty would show that there is no distinction between Deputy Collectors and Deputy Collectors (Higher Grade), With reference to the Special Rules concerning other State Services, it is pointed out that whenever promotion is provided as a method of appointment to a higher post, invariably the procedure under Rule 28 of Part II of the Kerala State and Subordinate Services Rules, like the preparation of DPC list etc. is to be followed. But, in this case, seniormost persons are accommodated in the post of Deputy Collector (Higher Grade), whenever vacancy occurs. So, according to the appellant, the finding of the learned Judge that for the purpose of reckoning the cadre strength of Deputy Collectors, the number of posts in the cadre of Deputy Collectors alone could be taken into account is not correct.