From
The General Secretary
KWA Engineering Staff Association
KWA Quarter No. MK 3/II/B
XII/611,
Koovappadam,
To
Sri. Ashok Kumar Singh IAS
The Managing Director
JALA BHAVAN,
Kerala Water Authority,
Thiruvananthapuram.
Sir,
Sub: KWA– DPC - Deficiency of Diploma holders in the post of
Assistant Engineer, Assistant Executive Engineer & Executive
Engineer- reg.
Ref: 1) Judgments in WP© No. 13966 of 2009(M)&OP No. 879 of 2000(D)
2) Judgments in OP No. 927 of 1995
3) GO (Rt) No. 471/86/PW & ST dated 14.03.1985
I may submit the following for favourable orders.
In the matter of promotion, the KWA had denied rights and opportunities of feeder categories of the Assistant Engineer. The Kerala Water Authority had made excess direct recruitment in the post of Assistant Engineer and its feeder categories without observing the cadre strength ratio as per Special Rules. In the absence of Degree holders from SC/ST candidates the KWA had also made Special Recruitment from Diploma holders in the post of the Assistant Engineer. As per the Rules for Special Recruitment to the post of Assistant Engineers, the Diploma holders appointed under the Special Recruitment Scheme have to be kept outside the normal strength of Assistant Engineers for the purpose of applying ratio 6:3:1 among Graduates, Diploma and Certificate holders. The Secretary to Government vide his letter No. 2686/B2/95/PWST dated 14.09.1995 has directed to exclude the Special Recruited Diploma holders Assistant Engineers from the cadre strength of Assistant Engineers and quota fixed for Diploma holders for maintaining ratio 6:3:1 for appointment and promotion among Degree, Diploma and certificate holders and to make good the resulting deficiency under Diploma quota by promoting the eligible hand from the feeder category. But the same has not been seen obeyed sofar. The Diploma holders appointed under the Special Recruitment Scheme have been included in the quota fixed for Diploma holders in the post of Assistant Engineer, Assistant Executive Engineer and Executive Engineer and denied the eligible promotions.
Eg:- Cadre strength of the Executive Engineer is 77 Nos.
As per Special Rules, 5% of the Cadre strength has been earmarked for Diploma holders. ie. 3.85, Say 4 Nos.
But no Diploma holders are existing in the post of Executive Engineer except 2 Special recruitees. Hence urgent step has to be taken to promote 4 Diploma holders from the Assistant Executive Engineer with retrospective effect from 30.01.1971 ie. date of amendment to Special Rules.
The Hon’ble High Court in it’s judgment dated 26.11.08 in OP No. 879/2002 D has quashed seniority list of Draftsman Gr. I and promotions made from this list to the Assistant Engineers and directed the KWA to prepare a seniority list of Draftsman Gr. I following the principles applicable strictly maintaining the ratio of 7 : 3 among the promotees and direct recruits with retrospective effect from 01.04.1968. Based on this judgment, promotions effected to the Assistant Engineers are to be revised or reviewed.
In order to settle the issue, the direct recruitment in the post of Assistant Engineer may be stopped until the deficiencies of the promotees are made good.
In view of the facts mentioned above and compliance with the directions of the Hon’ble High Court, I request your goodself to issue necessary orders for the following:
1)To stop the direct recruitment in the post of the Assistant Engineer until the cadre strength ratio is maintained with retrospective effect.
2)To avoid the names of the Assistant Engineers appointed under the Special Recruitment Scheme from the list of Diploma holders and to fill up the deficiency of Diploma holders in the category of Assistant Engineer, Assistant Executive Engineer & Executive Engineer in accordance with the provisions in the Special Rules.
Thanking you,
Yours faithfully
Ernakulam Sd/-
26.09.2011 SALIH. K.K.
General Secretary
