IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 17188 of 2006(U) -------------------------- PETITIONER(S): -------------------- KORAH K.VARGHESE, SCIENTIFIC ASSISTANT, DISTRICT SOIL TESTING LABORATORY, VYTTILA, ERNAKULAM, KOCHI. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, AGRICULTURAL DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.MUHAMMED FAZIL M.P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17188/06 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PETITIONER'S PROMOTION ORDER AS SCIENTIFIC ASSISTNAT DT 29.6.98. EXT.P2: TRUE COPY OF THE ORDER GO(MS) NO.1370/62/AGRI. DT 22.12.1962. EXT.P3: TRUE COPY OF THE ORDER GOM.S. NO.81/92/AD DT 16.3.92. EXT.P4: TRUE COPY OF THE GOVERNMENT LETTER NO.253/E1/95/AD DT 29.10.99. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 16.12.89. EXT.P6: TRUE COPY OF THE JUDGMENT DT 29.9.2003 IN OP NO.14416/2001. EXT.P7: TRUE COPY OF THE PETITION FILED BY THE GOVERNMENT IN OP NO.14416/2001 DT 10.2.2004. EXT.P8: --DO-- DATED 12.8.04. EXT.P9: REPORT OF THE HEAD OF THE DEPARTMENT OF SOIL SCIENCE AND AGRICULTURAL CHEMISTRY KERALA AGRICULTURAL UNIVERSITY DT 29.7.92. EXT.P10: TRUE COPY OF THE COMMUNICATION GIVEN TO THE PETITIONER DT 7.1.2005. EXT.P11: TRUE COPY OF THE LETTER NO.30988/EA1/03/AD DT 3.2.2005. EXT.P12: TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.125/2006/FIN DT 17.3.2006. EXT.P13: TRUE COPY OF THE CIRCULAR ISSUED BY THE DIRECTOR OF AGRICULTURE INT HIS REGARD DT 12.2.2001. EXT.P14: TRUE COPY OF THE REPRESENTATION DT 13.10.2003. EXT.P15: TRUE COPY OF THE REPRESENTATION DT 18.4.2006. EXT.P16: TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER by the STATE PUBLIC INFORMATION OFFICER, AGRICULTURAL DIRECTORATE, THIRUVANANTHAPURAM DT 26.7.2007. WPC NO.17188/2006 -2- EXT.P17: TRUE COPY OF THE ORDER SDI-70903/97 DT 23.1.98 ISSUED BY THE 2ND RESPONDENT. EXT.P18: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE FIRST REPSODNENT DT 1.11.2008. EXT.P19: TRUE COPY OF THE ORDER GO(RT) NO.828/2009/AD DT 30.5.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17188 OF 2006 (U) ===================== Dated this the 29th day of July, 2010 J U D G M E N T Petitioner joined Agricultural Department as an Agricultural Assistant on 14/5/1990. At that time, the qualifications possessed by the petitioner were SSLC, KGTE (Higher) in Agriculture and B.Sc (Chemistry). While the petitioner was working as Agricultural Assistant, he was selected for admission to B.Sc (Agriculture) in the Kerala Agricultural University, Trichur. Accordingly, he availed of leave from 3/12/93 and joined the course. While undergoing the course, he was promoted to the post of Scientific Assistant and on completing the course, he reported for duty and was posted in the promoted post of Scientific Assistant w.e.f. 20/6/98. 2. In this writ petition, what the petitioner claims is that having regard to the fact that he possess Degree in Chemistry and has acquired Degree in Agriculture, he should be considered for promotion to the post of District Agricultural Officer or Assistant Soil Chemist. 3. Going by the executive orders specifying qualification and method of appointment to the said posts, the post of WPC No. 17188/06 :2 : Scientific Assistant does not fall in the feeder category of both the posts. In such a situation, petitioner cannot claim promotion to this post and this Court also cannot direct that he should be considered. 4. Counsel for the petitioner submits that as Scientific Assistant, although he has been promoted w.e.f. 20/6/98, he has not been confirmed. On this ground, he seeks a direction to revert him to the post of Agricultural Assistant. If that be so, it is up to the petitioner to seek reversion to the post of Agricultural Assistant, in which event, it is up to the respondents to consider the same so that he can aspire for promotion to the post of Agricultural Officer, his feeder category. 5. Therefore, I direct that it will be open to the petitioner to make an appropriate application to the 2nd respondent. It is directed that if such a representation is received, the 2nd respondent will consider the request of the petitioner in the light of the rules governing the same, as expeditiously as possible, at any rate within 6 weeks of its receipt. WPC No. 17188/06 :3 : 6. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp