IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 17338 of 2009(J) ---------------------------------------- PETITIONER(S): ------------------------ T.G.SASI,ASSISTANT FARM SUPERINTENDENT, BOTANY DIVISION,R.R.I.I.,RUBBER BOARD P.O., KOTTTAYAM-9,KOTTAYAM DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): --------------------------- THE RUBBER BOARD,REP.BY THE SECRETARY, RUBBER BOARD,P.B.NO.1122,SUB JAIL ROAD, KOTTAYAM-2. BY MR.JOSEPH KODIANTHARA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 17338 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 29th day of June, 2009 JUDGMENT The petitioner is an employee of the Rubber Board. He is presently working as Assistant Farm Superintendent. He belongs to a Scheduled Tribe community. Claiming promotion as Assistant Estate Superintendent against vacancies earmarked for members of Scheduled Tribe communities, he moved the Rubber Board. That request was rejected by Ext.P15 memorandum dated 9-6-2009. In this writ petition, the petitioner challenges Ext.P15 and seeks a writ in the nature of mandamus commanding the respondents to promote him to the category of Assistant Estate Superintendent. 2. The learned standing counsel appearing for the Rubber Board submits that an appeal lies from the decision taken from the Rubber Board as reflected in Ext.P15 to the Central Government under sub rule (1) of rule 19 of the Rubber Board Service (Classification, Control and Appeal) Rules, 1961, hereinafter referred to as 'the Rules' for short, and that as the petitioner has an effective and meaningful alternate remedy, this writ W.P.(C) No. 17338/09 2 petition may not be entertained at this stage. A copy of the Rules was also made available to me for perusal. 3. Rule 19(1) of the Rules, in my opinion, entitles the petitioner to challenge the decision taken by the Rubber Board and reflected in Ext.P15 in appeal before the Central Government. As per rule 20 of the Rules, such appeal has to be filed within three months. As per rule 22 of the Rules, the appeal has to be submitted through the authority which passed the impugned order. However, as per the proviso to rule 22 of the Rules, an advance copy of the appeal can be submitted directly to the appellate authority. In these circumstances, as the petitioner has an effective and meaningful alternate remedy by way of appeal and the period prescribed for filing the appeal has not expired, I dispose of this writ petition with the following directions:- 1) The petitioner shall within the period of limitation prescribed in rule 20 of the Rules file an appeal before the Central Government challenging Ext.P15 through the Chairman of the Rubber Board. 2) The Chairman of the Rubber Board shall, within two weeks from the date of receipt of the appeal, forward it to the competent appellate authority. W.P.(C) No. 17338/09 3 3) The appellate authority shall within four months from the date on the receipt of the appeal, consider the same and pass orders thereon and communicate the decision taken on the appeal to the petitioner and also to the Rubber Board. 4) It will be open to the appellate authority to afford the petitioner a reasonable opportunity of being heard, if the appellate authority is not inclined to grant the relief sought in the appeal. 5) The appellate authority shall give reasons in support of its conclusions. 6) The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE. mn.