The petitioners seek to be promoted against the 10% quota that is fixed in the draft Special Rules, which was applicable to the Kerala Water Authority at the time when the writ petition was filed. The writ petition was filed in the year 2009 and the petitioners have averred that the Water Authority is bound to follow the Government Order No.G.O.(MS).No.25/05/WRD dated 17.07.2009, a copy of which is exhibited as Ext.P3 and claim that they should be given the benefit of reservation of 10% of vacancies of Lower Division clerk/Lower Division typist in its services.
2. I have heard the learned counsel appearing for the petitioners, the learned standing counsel appearing for the Kerala Water Authority and the learned standing counsel for the Public Service Commission.
3. It is brought to my notice by the learned counsel for the Kerala Water Authority that subsequent to the filing of the writ petition, the draft Rules referred to therein have been superseded by the new Rules namely the Kerala Water Authority Administerial, Ministerial and Last Grade (Special) Rules, 2011. He further W.P.C.No.29405/2009 2 submits that none of the reliefs sought for in the writ petition, which are based on the draft Rules can be now granted. I think, there is considerable justification in that submission. Taking into account all the facts and that the new Rules have come into force and also the petitioners have not chosen to challenge those Rules, indicating their acceptance of the same, their entitlement to promotion would now therefore, be as per the new Rules. I therefore, close this writ petition directing the petitioners to apply for promotion as is provided under Kerala Water Authority Administerial, Ministerial and Last Grade (Special) Rules, 2011 and I am certain that their claims would be considered by the Water Authority, if they are qualified as per the Rules and found fit to be promoted, subject to all the prescriptions of qualification and experience as per the Special Rules.
Sd/-
DEVAN RAMACHANDRAN JUDGE TRUE COPY P.A TO JUDGE DG