IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 26141 of 2008(K) --------------------------------------- PETITIONER: ------------------- P.G.SUJATHA, AGED 43 YEARS, D/O.(LATE) C.P GOPINATHAN PILLAI, IIND GRADE DRAUGHTSMAN, KERALA WATER AUTHORITY, OFFICE OF THE CHIEF ENGINEER(SOUTHERN REGION), VELLAYAMBALAM, THIRUVANANTHAPURAM-33. BY ADV. SMT.K.NANDINI. RESPONDENTS: ------------------------ 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, "JALA BHAVAN", VELLAYAMBALAM, THIRUVANANTHAPURAM-33, REPRESENTED BY ITS MANAGING DIRECTOR. 3. SRI P K VENUGOPALAN, PRINCIPAL INFORMATION OFFICER, THE KERALA WATER AUTHORITY, "JALA BHAVAN", VELLAYAMBALAM, THIRUVANANTHAPURAM-33. R1 & R2 BY SRI.C.UNNIKRISHNAN, S.C, K.W.A, R3 BY ADVS. SRI.K.R.KURUP, SRI.C.R.SYAMKUMAR, SRI.K.J.ABRAHAM, SRI.LAVARAJ M.G, SRI.JOSE KURIAN, SRI.C.R.VINOD KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26141/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 12/09/2001 ALONG WITH THE BIO-DATA OF THE PETITIONER. EXT.P.2: COPY OF THE LETTER DT. 26/10/2002 ISSUED BY R1. EXT.P.3: COPY OF THE REPRESENTATION DT. 26/05/2005 SUBMITTED BY THE PETITIONER. EXT.P.4: COPY OF THE ORDER DT. 23/06/2006 ISSUED BY R.2. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.18672/2006 FILED BY THE PETITIONER. EXT.P.6: COPY OF THE ORDER DT. 10/10/2006 ISSUED BY R.1. TO THE PETITIONER. EXT.P.7: COPY OF THE REPRESENTATION DT. 07/07/2008 SUBMITTED BY THE PETITIONER. EXT.P.8: COPY OF THE PETITION DT. 01/11/2006 SUBMITTED BY THE PETITIONER BEFORE THE PRINCIAPL INFORMATION OFFICER, KWA, THIRUVANANTHAPURAM. EXT.P.9: COPY OF THE DECISION TAKEN AT THE 193RD MEETING OF KERALA WATER AUTHORITY ON 27/03/1999. EXT.P.10: COPY OF THE PETITION DT. 16/04/2007 SUBMITTED BY THE PETITIONER BEFORE THE COMMISSIONER, OFFICE OF THE COMMISSION OF RIGHT FOR INFORMATION. EXT.P.11: COPY OF THE COMMUNICATION DT. 16/06/2004 SENT BY THE INFORMATION OFFICER, KWA TO R2. EXT.P.12: COPY OF THE COMMUNICATION DT. 10/2007 BY R.2 TO THE PETITIONER. EXT.P.13: COPY OF THE PROCEEDINGS NO. KWA/HO/E2/22312/88 DT. 06/03/1990 BY R.2. EXT.P.14: COPY OF THE ORDER.NO.KWA/JB/E2/13642/2001 DT. 23/06/2006 ISSUED BY R.2. EXT.P.15: COPY OF THE REPRESENTATION DT. 07/07/2008 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF SECRETARY, GOVT. OF KERALA. EXT.P.16: COPY OF THE PROCEEDINGS NO. 2577/SIC-G1/2007 DT. 23/07/2007 OF THE COMMISSION CONSTITUTED UNDER THE RIGHT TO INFORMATION ACT. EXT.P.17: COPY OF THE ORDER DT. 15/05/1986 ISSUED BY R.2. EXT.P.18: COPY OF THE ORDER DT. 06/03/1990 ISSUED BY R.2. EXT.P.19: COPY OF THE ORDER DT. 18/01/2000 ISSUED BY THE GOVT. OF KERALA. W.P.(C). NO.26141/2008-K: RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE ORDER OF THE GOVERNMENT DTD. 16/11/1984. EXT.R3.B: COPY OF THE ORDER OF THE R.2. DTD. 15/05/1986. EXT.R3.C: COPY OF THE OFFICE ORDER OF THE R.2. DTD. 21/05/1986. EXT.R3.D: COPY OF THE ORDER OF THE GOVERNMENT DTD. 05/05/1987. EXT.R3.E: COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR DTD. 06/03/1990. EXT.R3.F: COPY OF THE ORDER OF THE R.2. DTD. 20/01/2000. EXT.R3.G: COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR DTD. 31/07/2001. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.26141 OF 2008(K) -------------------------------------------------- Dated this the 20th day of May, 2010 J U D G M E N T Petitioner is working as Draftsman Grd.II, under the 2nd respondent. Prayer sought in this writ petition is to quash Ext.P4 and to direct the 2nd respondent to consider the eligibility of the petitioner to appoint as Principal Information Officer. 2. Ext.P4 is an order passed by the 2nd respondent provisionally promoting the 3rd respondent as Principal Information Officer. From the pleadings in the writ petition and the counter affidavit, what is disclosed is that the Special Rules specifying the qualifications and method of filling up of posts in the Kerala Water Authority are pending approval of the Government and that Draft Rules are being followed for appointments. In terms of the Draft Rules, for the post of Principal Information Officer, feeder category is Information Officer and the qualifications prescribed is Degree in any discipline, Diploma in Journalism with 5 years experience as Information Officer in the Kerala Water Authority. 3. In so far as the petitioner is concerned, going by the WPC.No.26141 /08 :2 : pleading in the counter affidavit, she being a Draftsman Grd.II is not in the feeder category and also does not have experience as Information Officer. On the other hand, in so far as the 3rd respondent is concerned, it is seen that though, he initially joined as a Receptionist, by Ext.R3(e) dated 16.3.1990 he was posted as Information Assistant. Subsequently, the post of Information Assistant was upgraded as Information Officer, as per Ext.P9 proceedings subject to approval of Government. Government by Ext.P19 accorded approval. Therefore, from 16.3.1990 onwards, 3rd respondent has been working as Information Assistant and as Information Officer. It is also seen that in 2001 when the incumbent who was working as Principal Information Officer on deputation was repatriated to his parent department, charge of Principal Information Officer was handed over to the 3rd respondent. 4. Therefore, from these materials, it is evident that while the petitioner is a Draftsman Grd.II with a different channel of promotion, the 3rd respondent, who was working was an Information Officer, had the prescribed experience and it was therefore that by Ext.P4 he was provisionally promoted as WPC.No.26141 /08 :3 : Principal Information Officer. On the materials available, since the method of filling up of post is promotion and as the petitioner is outside the feeder category, she cannot have any claim to the post of Principal Information Officer. Therefore, there is no merit in the writ petition. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/