IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH DECEMBER 2007 / 15TH AGRAHAYANA 1929 WP(C).No. 35966 of 2007(F) --------------------------------- PETITIONER: --------------- J.ANILAN, NIGHT WATCHER, OFFICE OF THE GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004. BY ADV. SRI.S.M.PREM RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004. 3. THE GEOLOGIST, DISTRICT OFFICE OF THE MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ========================= W.P.(C)NO.35966 OF 2007 ========================= Dated this the 6th day of December 2007 JUDGMENT The petitioner is at present working as a Night Watcher in the office of the third respondent. He aspires for a posting as a Peon in the office of the third respondent. The special rules relating to the last grade servants include a Peon and a Night Watcher under category 2 (k). Therefore the petitioner's request for a posting as a Peon when he is currently working as a Night Watcher is tenable. Learned counsel for the petitioner submits that a vacancy is due to arise on 31.12.2007 in the office of the third respondent as the present incumbent is due to retire on the said date. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader. 3. In the circumstances, the writ petition is disposed of in the following terms: 1) The petitioner shall immediately submit a representation before the second respondent along with a copy of the writ petition and a copy of this judgment, seeking a posting as a Peon under the third respondent in the vacancy scheduled to arise on 31.12.2007. W.P.(C)35966/2007 2 Thereupon taking note of the special rules as well, the second respondent shall take a decision thereon without delay, at any rate, before 31.12.2007, after hearing the petitioner. V.GIRI, JUDGE css/