Balakrishnan Nair, J : -

1. The question raised in these Appeals for decision is whether the principles contained in Note (3) to rule 5 of the Kerala State & Subordinate Services Rules, that when a ratio is prescribed for appointment to a post from different sources, it has to be worked out with reference to cadre strength, will apply to promotions.

2. The brief facts of the case are the following :

The writ petitioner who is the respondent in Writ Appeal No. 353/2000 is working as an Assistant Engineer in the Kerala Water Authority since August, 1988. He is a Diploma holder in Civil Engineering and is therefore eligible for promotion as Assistant Executive Engineer. For promotion, a ratio of 3 : 1 is prescribed between Degree holders and Diploma holders in the cadre of Assistant Engineer. According to him, the ratio has to be applied in relation to cadre strength while ordering promotions. His representations for applying the ratio to the cadre strength, instead of vacancies, were rejected. Therefore, he approached this Court by filing O.P.No.21603/99 which was allowed by the learned single Judge directing to apply the ratio with reference to the cadre strength instead of