JUDGMENT : The petitioners in these writ petitions are working as Operators in the Kerala Water Authority. The writ petitions have been filed seeking to direct the State of Kerala to finalise the Draft Technical Service Rules for the Kerala Water Authority and to include the category of Operators also in PSC Notifications for recruitment to the posts of Assistant Engineers. 2. For convenience, the parties and exhibits are referred to in this judgment as they are arrayed and marked in W.P.(C) No.30716/2019. 3. The petitioners state that they have been working as Operators in the Kerala Water Authority (KWA). They have B.Tech qualifications. By Ext.P1 notification dated 31.12.2012, the Kerala Public Service Commission invited applications for recruitment to the post of Assistant Engineer in the KWA. LDCs with six year experience and First and Second Grade Overseers with two years experience were made eligible to apply for the post under the 10% in-service quota. The petitioners rue that the 2nd respondent-KWA has omitted to include the category of Operators in Ext.P1 notification along with LDCs and Overseers. The PSC examination and selections is over. 4. The petitioners submitted representations requesting the KWA to include the Operators like the petitioners having six years service and prescribed qualification in the zone of consideration for selection to the post of Assistant Engineers in the in-service quota. As the Draft Technical Service Rules have not been implemented by the KWA so far, the petitioners are incapacitated to apply for appointment to the post of Assistant Engineers in the in-service quota. 5. The petitioners contend that the category of Operators are drawing salary in the same pay scale as that of the 3rd Grade Overseers and LDCs. Therefore, when 3rd Grade Overseers and LDCs are included in the PSC notification, the petitioners who are Operators could not have been excluded. The exclusion offends Article 14 of the Constitution of India. 6. There are 1726 posts of Operators in KWA. Only 345 of them would get promotion as Head Operators. Only six among them would be promoted to the post of Mechanical Superintendents. Their promotional avenues are thus limited. In the circumstances, the 1st respondent-State of Kerala is duty bound to implement the Draft Technical Service Rules. 6. There are 1726 posts of Operators in KWA. Only 345 of them would get promotion as Head Operators. Only six among them would be promoted to the post of Mechanical Superintendents. Their promotional avenues are thus limited. In the circumstances, the 1st respondent-State of Kerala is duty bound to implement the Draft Technical Service Rules. Non-consideration of Operators like the petitioners who are having sufficient educational qualification for appointment to the posts of Assistant Engineers while persons from other categories are appointed as Assistant Engineers, is highly illegal and discriminatory, contend the petitioners. 7. The petitioners pointed out that in W.P.(C) No.10988/2017, this Court had directed the Government to take a decision on the Draft Technical Service Rules. In the judgment in W.P.(C) No.9877/2014 also, this Court had directed the State of Kerala to take steps to finalise the Rules as expeditiously as possible. The respondents have given scant regard to the judgments of this Court. In the circumstances of the case, the State of Kerala is compellable to finalise the Draft Technical Service Rules and the Public Service Commission is liable to include the category of Operators for appointment to the post of Assistant Engineer against the in-service quota vacancies, contend the petitioners. 8. The Kerala Public Service Commission (PSC) resisted the writ petitions. On behalf of the PSC, it is submitted that Special Rules for the Technical Staff of the KWA have not been framed. Therefore, recruitment notification for the post of Assistant Engineers was published as per the Special Rules of Kerala Public Health Engineering Subordinate Service Rules (PHED). Recruitment rules are framed by the respective Departments of the Government in consultation with the Commission. Which should be the categories to be included as feeder categories for appointment/promotion to a post, is primarily for the employer to decide. The category of Pump Operator was not included as a feeder category for Assistant Engineer in the Special Rules of PHED. 9. The Commission further submitted that Draft Special Rules for Engineering Technical Staff of KWA was received by the Commission on 03.12.2010 from the Water Resources Department. The Commission tendered its advice on 11.05.2011. The State Government did not give its nod for finalisation of the recruitment rules. Subsequently, a modified Draft Service Rules for the Engineering Technical Staff has been forwarded to the Commission. The Commission tendered its advice on 11.05.2011. The State Government did not give its nod for finalisation of the recruitment rules. Subsequently, a modified Draft Service Rules for the Engineering Technical Staff has been forwarded to the Commission. The Commission is examining the Draft Rules and advice would be tendered without delay. 10. The Kerala Water Authority filed counter affidavit in W.P.(C) No.1860/2021. On behalf of the KWA, it is submitted that the sanctioned strength of Assistant Engineers in KWA is 404. Out of the total sanctioned strength, 242 posts are reserved for Degree holders, 122 posts for Diploma holders and 40 posts for Certificate holders. 10% of Degree quota is reserved for in-service recruitment. Persons qualified for the 10% Degree quota are appointed from a rank list published, after test and interview. 11. The KWA is following the Kerala Water Authority Engineering Service Rules, 2021 and the Rules do not provide provision for an Operator to be appointed or promoted to the post of Assistant Engineer. The Draft of KWA Technical Service Rules, 2019 is in discussion at various stages. Based on the directives from the Government, the Draft was revised and resubmitted on 20.12.2021. There is no violation of any fundamental right or statutory right of the petitioners. The claim of the petitioners is unsustainable. The writ petitions are therefore liable to be dismissed. 12. I have heard the learned counsel for the petitioners, the learned Government Pleader representing State of Kerala and the learned counsel appearing for the Kerala Water Authority and the Kerala Public Service Commission. 13. The petitioners state that they are working as Operators and have more than six years experience. LDCs and Overseers with similar qualifications are made eligible and are included as feeder categories for appointment as Assistant Engineers against 10% in-service quota vacancies. According to the petitioners, going by the qualifications possessed and nature of duties discharged by the Operators, they are also suitable to discharge the duties of Assistant Engineers like the LDCs and Overseers who are included in feeder category. 14. The petitioners would submit that promotional avenues available to Operators are limited, unlike in the case of LDCs and Overseers. Taking into consideration the requirements of the establishment, the KWA had proposed promulgation of Technical Service Special Rules. 14. The petitioners would submit that promotional avenues available to Operators are limited, unlike in the case of LDCs and Overseers. Taking into consideration the requirements of the establishment, the KWA had proposed promulgation of Technical Service Special Rules. The Government is sitting over the proposal in spite of the directions given by this Court in W.P.(C) Nos.9877 of 2014 and 10988 of 2017, contend the petitioners. 15. It is seen from the pleadings that as there were no Special Rules for recruitment to the post of Assistant Engineer, the KWA has been following the PHED Rules for direct recruitment of in-service employees to the cadre of Assistant Engineers. The relevant rule is as follows: Method of Appointment-Draftsman Grade-I and II, Water Works Inspector, Drainage Inspector, Overseer Grade-I and II, Works Superintendent Grade-I and II cadres having two years of service, Clerks having minimum 6 years of service, Overseer Grade-III having minimum 3 years of service in Kerala Water Authority can apply for direct recruitment to the post of Assistant Engineer. 16. Under the PHED Rules, only Draftsman Grade-I and II, Water Works Inspectors, Drainage Inspectors, Overseers Grade-I, II and III, Works Superintendents Grade-I and II and Clerks having certain minimum periods of service were made eligible for direct recruitment as Assistant Engineers against the 10% in-service quota. The petitioners, who are Operators having B.Tech qualification, are not included in the feeder categories. 17. Proposals have been pending for inclusion of Operators also in the feeder categories, since the year 2010. Draft Technical Service special Rules for Engineering Technical Staff were sent by the then Water Resources Department to the PSC in December, 2010. The PSC tendered their advice on 11.05.2011. However, the Government did not pass final order in this regard. 18. Later, a modified Draft Service Rules for the Engineering/Technical Staff were forwarded to the Commission which contemplated inclusion of Operators also in the feeder categories. Thereafter, taking into consideration the judgment dated 23.12.2022 of this Court in W.P.(C) Nos.36752 and 36809 of 2022, the KWA promulgated the Kerala Water Authority Technical Service Rules as per Extra Ordinary Gazette No.358 dated 30.01.2023 and published GO(P) No.1/2023/WRD dated 27.01.2023. 19. As per the Kerala Water Authority Technical Service Rules, the Operators like the petitioners seeking direct recruitment to the in-service quota vacancies of Assistant Engineers can apply and aspire for appointment upto the attainment of 50 years of age. 19. As per the Kerala Water Authority Technical Service Rules, the Operators like the petitioners seeking direct recruitment to the in-service quota vacancies of Assistant Engineers can apply and aspire for appointment upto the attainment of 50 years of age. In view of the promulgation of the Kerala Water Authority Technical Service Rules, the substantial prayer of the petitioners in the writ petitions is met. 20. What remains is the prayers of the petitioners to include the Operators also in the PSC Notifications published. The PSC Notification for recruitment to in-service quota was prior to the promulgation of the Kerala Water Authority Technical Service Rules on 30.01.2023. The petitioners cannot legally aspire for including their posts in PSC Notification without amending the Recruitment Rules. The Hon’ble Apex Court, considered the issue of inclusion of categories/posts for appointments in the absence of enabling recruitment rules. The Apex Court, overruling the judgment in Y.V. Rangaiah v. Sreenivasa Rao [ (1983) 3 SCC 284 ], held in the judgment in State of Himachal Pradesh and others v. Raj Kumar and others [2022 SCC Online 680] that there is no right for the employee outside the rule governing the service. When the subsequent Rules come and there is no provision in the said Rules to enable any employee to be considered as per old Rules, the matter must end there. A Division Bench of this Court followed the said judgment in Mehaboob P.M. v. State of Kerala [ 2022 (4) KLT 653 ]. The law is therefore clear that the rights and obligations of the persons serving the Union and the States are to be sourced from the Rules governing their service. As the petitioners were not eligible for appointment as Assistant Engineers till 30.01.2023, the PSC cannot be directed to consider the candidature of the petitioners in any selection process conducted prior to 30.01.2023. 21. For all the afore reasons, the KWA or PSC cannot be directed to consider the petitioners for appointment to the in-service quota vacancies of Assistant Engineers against the vacancies notified by the PSC prior to the promulgation of the Kerala Water Authority Technical Service Rules. The writ petitions are therefore dismissed as infructuous.