IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 13395 of 2008(T) -------------------------------------- PETITIONERS: ------------------- 1. T.VIJAYARAJ, ATTENDANT,VETERINARY DISPENSARY,POOVACHAL. 2. R.SHABU,ATTENDANT,VETERINARY HOSPITAL, KANJIRAMKULAM. 3. S.JAYAPALAN,ATTENDANT,VENTERINARY HOSPITAL,VELLANAD. 4. RAJAGOPALM, ATTENDANT,DISTRICT LIVE STOCK FARM,KUDAPPANAKKUNNU. 5. E.SHIBU RAJAN,ATTENDANT,JERSY FARM EXTENSION UNIT,CHETACHAL. 6. S.RADHAKRISHNAN,ATTENDANT,VETERINARY DISPENSARY,MALAYINKIL. 7. K.SASIDHARAN NAIR,ATTENDANT,VETERINARY DISPENSARY. 8. AJIKUMAR,ATTENDANT,REGIONAL ARITIFICAL INSEMINATION CENTRE,ASRALUMMOODU. 9. SREEKUMAR J,ATTENDANT,VETERINARY POLY CLINIC,NEDUMANGADU. 10. C.V.PRAMOD KUMAR,ATTENDANT,JERSY FARM, EXTENSION UNIT,CHETTACHAL. 11. SANAL KUMAR,ATTENDANT,VETERINARY DISPENSARY,MARANALLOOR. 12. A.SATHIKUMAR,ATTENDANT,VETERINARY BILOGICAL INSTITUTE,PALODE. 13. BINU K,ATTENDANT,VETERINARY DIOLOGICAL INSTITUTE,PALODE. 14. SANTHOSH KUMAR,ATTENDANT,JERSY FARM, CHETACHAL. W.P.(C) NO.13395/2008 15. M.ANILKUMAR,ATTENDANT,VETERINARY BIOLOGICAL INSTITUTE,PALODE. 16. MANILAL,ATTENDANT,VETERINARY BIOLOGICAL INSTITUTE,PALODE. 17. BABU B,ATTENDANT,VETERINARY BIOLOGICAL INSTITUTE,PALODE. 18. SAHADEVAN,ATTENDANT,VETERINARY BIOLOGICAL INSTITUTE,PALODE. 19. GIREESH KUMAR,ATTENDANT, VETERINARY BIOLOGICAL INSITUTE,PALODE. 20. MOHANDAS,ATTANDANT,VETERINARY HOSPITAL, VELAVOOR. 21. SACHU,ATTENDANT,DIARY EXTENSION UNIT, JERSY FARM,CHETTACHAL. 22. G.ASHOKKUMAR,ATTENDANT,DISTRICT LIVE STOCK FARM,KUDAPPANAKKUNNU. 23. R.KUMAR,ATTENDANT,GOAT FARM,PARASSALA. 24. K.SANAL KUMAR,ATTENDANT,VETERINARY DISPENSARY,PERUMPAZATHUR. 25. SUKUMAR,ATTENDANT,VETERINARY POLY CLINIC PARASSALA. 26. G.RENJITH,PEON,DIRECTORATE OF ANIMAL HUSBANDARY VIKAS BHAVAN,THIRUVANANTHAPURAM. 27. P.G.ANURAG,RECORD ATTENDER, DIRECTORATE OF ANIMAL HUSBANDARY, VIKAS BHAVAN,THIRUVANANTHAPURAM. 28. M.K.LALIRAJ,PEON, DIRECTORATE OF ANIMAL HUSBANDARY, VIKAS BHAVAN,THIRUVANANTHAPURAM. 29. MOHAMMED SHAJI,PEON, DIRECTORATE OF ANIMAL HUSBANDARY, VIKAS BHAVAN,THIRUVANANTHAPURAM. 30. RAJENDRA KUMAR S,PEON, DIRECTORATE OF ANIMAL HUSBANDARY, VIKAS BHAVAN,THIRUVANANTHAPURAM. W.P.(C) NO.13395/2008 31. SHAJAHAN M, PEON, DIRECTORATE OF ANIMAL HUSBANDARY, VIKAS BHAVAN,THIRUVANANTHAPURAM. 32. SHIJU,PEON, DIRECTORATE OF ANIMAL HUSBANDARY,VIKAS BHAVAN, THIRUVANANTHAPURAM. 33. JAYAKUMAR V.S,PEON, DISTRICT LIVE STOCK FARM,KUDAPPANAKKUNNU. 34. S.BIJUMON,RECORD ATTENDER, FARM INFORMATION BUREAU,KOWDIAR,THIRUVANANTHAPURAM 35. RAMESH S,PEON,FARM INFORMATION BUREAU, KOWDIAR,THIRUVANANTHAPURAM. 36. P.M.KRISHNA PRASAD,CHICK SEXER, REGIONAL POULTRY FARM,KUDAPPANAKKUNNU. 37. T.VIMALAKUMARI,PART TIME SWEEPER, VETERINARY DISPENSARY,KATTAKKADA. 38. SREKUMARAN NAIR,PART TIME SWEEPER, VETERINARY DISPENSARY,ALAMUKKU,POOVACHAL. BY ADV. SRI.D.KISHORE SMT.MEERA GOPINATH RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT OF KERALA, AGRICULTURE (AHE) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 3. THE DIRECTOR OF ANIMAL HUSBANDRY, DIRECTORATE OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,PATTOM,PALACE P.O, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, ALONG WITH WPC. NO.13023/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13395/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE GO.(P) 104/93/AD DT. 4.5.93. EXT.P2:- COPY OF THE G.O.(P) NO.109/04/AD DT. 14.5.04. EXT.P3:- COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHOOMI THOZHIL VEETHI, DT. 5.4.2008. EXT.P4:- COPY OF THE PROCEEDINGS NO.D.26647/05/ESTT. DT. 17.4.07 OF THE 3RD RESPONDENT. EXT.P5:- COPY OF THE REPRESENTATION DT. 11.4.2008 SUBMITTED BEFORE THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss V.GIRI,J. ------------------------- W.P ( C) No.13395 of 2008 -------------------------- Dated this the 13th June, 2008 J U D G M E N T Petitioners are Last Grade Servants in the Department of Animal Husbandry. They aspire for promotion to the post of Livestock Inspector Gr.II/ Poultry Assistant/Milk Recorder/Storekeeper/Enumerator. As per the Special Rules issued by the Government in 1993. 15% of the total vacancies in the said post was set apart for Last Grade Servants. 2. As per the Special Rules issued by the Government in 1993, the qualifications prescribed for appointment to the said post by transfer was VHSE in Livestock Management and in their absence, a pass in SSLC or equivalent. The said qualifications were amended as per Exhibit P2 and S.S.L.C is no longer treated as alternate qualification. 3. Since a pass in SSLC or equivalent is deleted from the Special Rules, it has resulted in a situation W.P ( C) No.13395 of 2008 2 where even in the absence of persons with VHSE in Livestock Management, holders of SSLC cannot now aspire to be considered for promotion as Livestock Inspectors. Apparently, this has resulted in several Last Grade Servants losing an opportunity for promotion as Livestock Inspectors. They have represented this matter before the Government, as evidenced by Exhibit P5. This view has been recommended for acceptance by the Director as evidenced by Exhibit P4. 4. I heard learned counsel for the petitioners and the learned Government Pleader. 5. Prescription of the minimum qualification for the post is within the domain of the rule making authority, namely, the Government. I do not therefore find any reason to interfere with the said prescription as contained in Exhibit P2. In the result, the writ petition is disposed of in the following terms: i) Petitioners may file a fresh representation indicating their grievances, within a period of W.P ( C) No.13395 of 2008 3 one month from the date of receipt of a copy of this judgment. ii) On receipt of such representation, the Government shall take a decision on the question as to whether any change could be effected in the qualifications currently contained in the Special Rules taking note of the recommendations made in that behalf by the Director of Animal Husbandry, as evidenced by Exhibit P4. Government shall take a decision, within a period of three months from the date of receipt of a representation along with copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No.13395 of 2008 4 (V.GIRI, JUDGE) ma W.P ( C) No.13395 of 2008 5 W.P ( C) No.13395 of 2008 6