LEGAL FIGHT

      The Kerala Public Health Engineering Subordinate Service Special Rues has been adopted by the Kerala Water Authority for the purpose of recruitments and promotions to the various posts in the Kerala Water Authority. Appointment to the post of Draughtsman Grade II is in the ratio I:1 by promotion from Overseer Grade III and by direct recruitment.  The above said quota is to be followed on the basis of cadre strength and not on the basis of available vacancies. The dispute arose on account of the reason that direct recruits were appointed in excess of the quota available to them. The cadre strength of the Draughtsman Grade II is 409 of which 205 will go to promotees and 204 for direct recruits. The Kerala Water Authority has been erroneously making direct appointment to the above said cadre in excess of the quota prescribed by the Special Rules. The same dispute regarding Draughtsman Grade I had come up for consideration before the Division bench of this Hon’ble Court and as per judgment dated 13.07.2000 in W.A.No.1906 of 1998 direction was issued for preparation of fresh seniority list. The Division Bench found that the delay was not due to the fault of the employees and hence K.W.A is liable to rectify the defects.

Our Association was filed O.P.No.4850 of 2000 for not to resort direct recruitment in excess of quota to fill up the vacancies of Draftsman Gr.II, until the deficiency of the promotees are made good with retrospective promotion from Overseer Gr.III in accordance with the ratio 1:1. The Hon’ble High Court in it’s judgment dated 02.01.2006 in O.P.No. 4850/2000- B was pleased to direct the KWA to consider the matter with notice to the first petitioner Association.