IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 17564 of 2008(N) -------------------------- PETITIONER: ------------ BALAKRISHNAN M.U., S/O.UNNIKRISHNAN M.A, AGED 34 YEARS, SUB INSPECTOR OF POLICE, ON DEPUTATION TO THE IMMIGRATION WING, COCHIN INTERNATIONAL AIRPORT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- 1. THE COMMISSIONER AND SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME (A) GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (INTELLIGENCE) SPECIAL BRANCH CID, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).17564/2008 -------------------- Dated this the 12th day of June, 2008 JUDGMENT Petitioner, who is Sub Inspector of Police, currently on deputation to the Immigration Wing, Cochin International Airport, has passed the Minority language Test in Tamil conducted by the PSC as evidenced by Ext.P1. By Ext.P2 Government Order, Government ordered that possession of requisite language qualification is necessary for promotion to certain categories of posts, where the predominant language is Tamil or Kannada and in such cases, Officers with such qualification, shall be promoted even if they are not eligible for promotion in the order of seniority. Apparently by Ext.P2 order, Government have directed that orders contained in G.O.(MS).506/Public (NI) Department dated 3.10.1962, be extended to the lower Executive Posts of all Departments. 2. Petitioner has approached the Government with Ext.P5 representation, pointing out that posting of persons W.P.(C).17564/2008 2 equipped with proficiency in minority languages, as Circle Inspector of Police may be effected in predominantly Tamil speaking areas in Palakkad District. Petitioner is a native of Ethanur in Chittur Taluk of Palakkad District. 3. It is open to the Government to direct that promotions in terms of Rule 9(d) of Part-II of K.S & S.S.R be effected in areas where there is a predominantly Tamil speaking population or Kannada speaking population as the case may be. Petitioner's representation under Ext.P5 may be considered by the Government in that regard and the Government may take a decision as to whether Rule 9(d) of Part-II of K.S. & S.S.R can be invoked for the post of Circle Inspector of Police in any particular area in Palakkad District. If the Government so decides, then appropriate steps may be taken for considering all eligible applicants in this regard and posting may be effected without delay. Orders on Ext.P5 shall be passed by the Government, after hearing W.P.(C).17564/2008 3 the petitioner within a period of three months from the date of receipt of a copy of this judgment. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs