Sunday, November 25, 2018
Friday, November 23, 2018
LEGAL FIGHT CONTINUING
Our Association had filed W.P.(C).No. 3425/2011 and
took out notice by paper publication in Mathrubhoomi daily dated 02.07.11 for
fresh seniority list of Draughtsman Grade II in accordance with the Rules. Some of the direct recruits have been impleaded in this case.
FINAL LIST ON 2012 IN COMPLIANCE OF OUR CASE
Our Association was filed W.P.(C).No. 13966 of
2009(M). The Hon’ble High Court in
it’s judgment in W.P.(C).No.13966 of 2009(M) has directed the KWA to
finalize the seniority list of Draftsman Gr.II after
considering the objections filed by the petitioner Association. The issues involved
in the judgment in W.P.(C).No.13966/2009(M) is a dispute on seniority between
promotees and direct recruits in the post of Draftsman Gr. II. The Kerala Water Authority was published and finalized seniority list on 2012 in compliance of our case. The ratio is to be maintained by accommodating the promotes in appropriate positions.
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.
ILLEGAL SUPERNUMERARY
The Kerala Water Authority have been made 83 Nos. of illegal appointments including 42 Nos. of
supernumerary in the post of Assistant Engineers during the period of 2011 and
2012. They are misusing their official capacity by filling Degree holders in
the various promotion posts of Diploma holders. Thus Diploma holders are
stagnated in the lower posts. It is evident from the promotion orders issued from
the Degree holders Assistant Engineer to the post of Assistant Executive Engineer
in the quota reserved for the Diploma holders violating orders passed by the
Hon’ble this court in its Judgment dated 31.12.2012 in WP © No. 19058 of 2012 (F).
As per the Judgment, “no post/vacancy coming within the quota earmarked for the Diploma
holders shall be caused to be filled up even
temporarily, by accommodating any Degree holder”.
NOT HEARD
Our Association had approached
the Hon’ble High Court in the very beginning by filing WP No. 39127of 2003
against the attempt for the excess direct appointment over quota rule. The Hon’ble
High Court in its interim order dated 13.07.2004 had directed the official
respondents to maintain the prescribed ratio. The said writ petition was
disposed off directing the respondents to maintain the cadre strength ratio.
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