IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 7250 of 2011(E) -------------------------------- PETITIONER(S): ------------------- V.N.AJAYAKUMAR, S/O.NANU, TYPEWRITER MECHANIC, GOVERNMENT WOMEN'S POLYTECHNIC COLLEGE, KAYAMKULAM, RESIDING AT GEETHA MANDIRAM, KOTTIYAM, KOLLAM DISTRICT. BY ADVS. SRI.B.MOHANLAL SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (L) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF KERALA, VIKAS BHAVAN, THIRUVANANTHAPURAM-1. BY GOVT.PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7250 OF 2011 --------------------------------------- Dated this the 21th day of March, 2011. J U D G M E N T The petitioner is working as Typewriter Mechanic in the Government Women's Polytechnic College, Kayamkulam. The petitioner mainly prays that the 1st respondent may be directed to consider Ext.P10 representation wherein the petitioner requests for provisional promotion to the post of Instructor in Secretarial Practice and Business Correspondence (SP & BC) in the existing vacancies available in the Government Polytechnic Colleges. 2. It is the case of the petitioner that by Ext.P4, qualification for the post of Instructor in Secretarial Practice and Business Correspondence was fixed by the Government in consultation with the PSC. It is pointed out that the Government has been promoting persons in the Technical Education stream to the post of Lecturer in Business Management as per Exts.P5 to P9 W.P.(C) No.7250/2011 2 orders. The petitioner claims that he is also fully qualified for such promotion in the existing vacancy. Accordingly, the petitioner has filed a representation as per Ext.P10 and Ext.P11 is the copy of the notification amending Special Rules namely, Kerala Technical Education Service Special Rules. It is pointed out that the post in question is not governed by the said Rules. 3. Learned counsel for the petitioner submitted that there is one existing vacancy and the petitioner can, therefore, be considered for promotion in that vacancy. Learned Government Pleader submitted that whether the petitioner is eligible for promotion is a matter to be considered. The matter will have to be considered in terms of the seniority and eligibility and also in accordance with relevant orders and Rules if any which are in force in the department. Therefore, there will be a direction to the 1st respondent to consider the representation Ext.P10 after taking into consideration Exts.P2 to P9 produced by the petitioner herein. Appropriate decision will be taken by the 1st respondent and W.P.(C) No.7250/2011 3 communicated to the petitioner within a period of two months. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp