JUDGMENT :

(A. Muhamed Mustaque, J.)

The short issue in this original petition is as to the applicable rule in regard to the ratio in a matter of promotion to the post of Overseer/Draftsman (Mechanical Grade-II) between direct recruitees and promotees. Prior to 24/9/2010, the ratio was 3:1 between the direct recruitees and the promotes, as per the Special Rules applicable in the Water Resources Department. The Special Rules were amended with effect from 24/9/2010 and ratio was fixed as 1:1 between the direct recruitees and promotees. The total cadre strength is 20.

2. The Kerala Public Service Commission initiated direct recruitment to the above post. The petitioners, applicants before the Kerala Administrative Tribunal, who were working in the feeder category of Overseer/Draftsman (Mechanical Grade-III) sought for a declaration that the vacancies will have to be filled in accordance with the ratio based on the amended rules and not based on the unamended rules.

3. As seen from the Government order dated 6/1/2011, the Government had decided to fill the vacancies which arose prior to the amended rules in accordance with the unamended rules.

4. The Tribunal following the Judgment of