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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, P. KRISHNA KUMAR, JJ
Ajeesh K.A. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
A.Muhamed Mustaque, J.
The petitioners approached the Tribunal challenging the ratio prescribed for appointment as Assistant Station Officer by promotion. The Tribunal dismissed the challenge in the light of the judgment of this Court in Elsy P. Sebastian and Others v. K. L. Sudhamony and Others , [2010 (1) KHC 632] , wherein this Court held that the ratio of promotion category in a Rule cannot be challenged unless it is shown that rule is ultra vires, beyond the rule making power of the delegate of legislature, arbitrary and unreasonable.
2. Invoking power under the Kerala Public Services Act , 1968, the Government of Kerala made the Special Rules in respect of the Kerala Fire Subordinate Service, 1988. There are six categories of officers in the service. The category 2 is the Assistant Station Officer. Appointment to the post of Assistant Station Officer is from Category 3 - Leading Fireman and Category 4 - Driver Mechanic. In the Note, the ratio between Leading Fireman and Driver Mechanic is fixed at 9:1.
3. The Leading Fireman is now renamed as Senior Fire & Rescue Officer (hereinafter referred to as ‘Leading Fireman’). The Driver Mechanic is renamed as Senior Fire & Res
Promotion ratios in public service cannot be challenged unless proven arbitrary or ultra vires; fixation is a policy decision within the executive's domain, not strictly bound by cadre strength.
(1) Classification between persons must not produce artificial inequalities. The classification must be founded on a reasonable basis and must bear nexus to the object and purpose sought to be achiev....
Promotion to Government service must prioritize merit and ability over seniority; no legal right to promotion exists.
Reasonable classification of distinct services does not infringe constitutional equality provisions.
The allocation of vacancies and creation of posts in the High Court Establishment are matters of policy within the powers of the Chief Justice and are not subject to judicial review unless they viola....
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