IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27241 of 2011(E) ---------------------- PETITIONER(S): ----------------------- 1. P.K.SOMAN, AGED 52 YEARS, S/O.KESAVAN, PARAPPUMKARA HOUSE, MURICKASSERY P.O., MURICKASSERI KARA, VATHIKUDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI, NOW WORKING AS JUNIOR SUPERINTENDENT, DISTRICT SUPPLY OFFICE, IDUKKI. 2. P.A.KOYAN, AGED 49 YEARS, S/O.ABDULKHADER, PERINGATH HOUSE, ADIMALI KARA, ADIMALI (P.O.), MANNAMKANDOM VILLAGE, DEVIKULAM TALUK, NOW WORKING AS JUNIOR MANAGER, TALUK DEPOT SUPPLYCO, MUNNAR. BY ADVS. SRI.SUMAN CHAKRAVARTHY SRI.MARTINDAS V.JAMES (VATTAKKUZHIYIL) RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE COMMISSIONER OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES , THIRUVANANTHAPURAM-695001. 3. THE DISTRICT SUPPLY OFFICER, IDUKKI-685603. R1 TO R3 BY GOVT. PLEADER SMT. SUNITHA VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27241 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE (PSC) PUBLIC SERVICE COMMISSION TO THE FIRST PETITIONER DATED 16-1-2010. EXHIBIT P2: TRUE COPY OF THE CERTIFICATE ISSUED BY THE (PSC) PUBLIC SERVICE COMMISSION TO THE SECOND PETITIONER DATED 20-7-2010. EXHIBIT P3: TRUE COPY OF THE GO(MS)NO.110 DATED 21/03/1966. EXHIBIT P4: TRUE COPY OF THE GO(MS)NO.344 DATED 27-7-1963. EXHIBIT P5: TRUE COPY OF THE CIRCULAR NO.59625/NI/85/GAD DATED 14-1-1986. EXHIBIT P6: TRUE COPY OF THE ORDER DATED 2-3-2009 OF THE GOVERNMENT OF KERALA. EXHIBIT P7: TRUE COPY OF THE LETTER DATED 29-10-10. EXHIBIT P8: TRUE COPY OF THE JUDGMENT IN WP 13095/11. EXHIBIT P9: TRUE COPY OF THE ORDER DATED 7/09/11. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.27241 of 2011-E. = = = = = = = = = = = = = Dated this the 14th October, 2011. J U D G M E N T The petitioners have filed this writ petition challenging Ext.P9 communication of the Director of Civil Supplies informing that their request for out of turn promotion under Rule 9(d) of the Kerala State and Subordinate Service Rules (in short KS & SSR) has been rejected. The petitioners had sought out of turn promotion on the ground that they belong to the linguistic minority taluks. They are also persons who have passed the minority language test conducted by the Kerala Public Service Commission. Since their applications for promotion were not being considered, they had earlier approached this Court by filing WP(C). No.13095/2011. The same was disposed of by Ext.P8 judgment directing the appropriate authority to consider their representations expeditiously and to pass orders WP(C).No.27241/2011-E. 2 thereon within a period of six weeks from the date of receipt of a copy of the said judgment. 2. A reading of Ext.P9 reveals that pursuant to Ext.P8 judgment, the representations of the petitioners were forwarded to the Government which is the appropriate authority to take a decision in the matter. Thereafter, a decision has been taken by the Government to reject their requests. The counsel for the petitioners submits that Ext.P9 was passed by the Government without affording an opportunity of being heard to the petitioners. Therefore, they seek permission to approach the Government again by filing suitable representations for reconsideration of the decision which has been given without giving them an opportunity of being heard. 3. I have heard the learned Government Pleader also. 4. In view of the contention that the petitioners were not heard before their requests were rejected. It is only WP(C).No.27241/2011-E. 3 appropriate that the petitioners are permitted to file proper representations before the first respondent. 5. In view of the above, this writ petition is disposed of giving liberty to the petitioners to submit proper representations to the first respondent setting out their claim for promotion with supporting documents, if any. If such representations are submitted by the petitioners within a period of one week from the date of receipt of a copy of this judgment, the first respondent shall consider the same and shall pass appropriate orders thereon as expeditiously as possible and at any rate within a period of one month from the date of receipt of such representations, after affording an opportunity of hearing to the petitioners. K.SURENDRA MOHAN, (Judge) Kvs/-