IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16773 of 2008(V) -------------------------- PETITIONER: ---------------------- S.PRINCE, INSPECTOR OF FISHERIES, ZONAL, KOLLAM. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: -------------------------- 1. DIRECTOR OF FISHERIES, FISHERIES DIRECTORATE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. JALAJA, INSPECTOR OF FISHERIES, DEPUTED AT FISH FARMERS DEVELOPMENT AGENCY, ALAPPUZHA. 5. K.G.RAMADASAN, INSPECTOR OF FISHERIES, DEPUTED AT KERALA FISHERMEN WELFARE FUND BOARD, THRISSUR. 6. SUDHEEKRISHNAN, POSTED AS ASSISTANT EXTENSION OFFICER, OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES, WAYANAD. WP(C).No. 16773 of 2008 2 7. M.THAJUDHEEN, INSPECTOR OF FISHERIES, OFFICE OF THE DIRECTOR OF FISHEIES, VIKAS BHAVAN, TRIVANDRUM. 8. PRIYA JAYASENAN, INSPECTOR OF FISHERIES, OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES, FISHERIES STATION, NEENDAKARA, KOLLAM. 9. PREETHI, ASSISTANT EXTENSION OFFICER, OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES, KOTTAYAM. 10. RAJU ANAND.B.S., ASSISTANT EXTENSION OFFICER, OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES, KOTTAYAM. 11. RAMESAN, INSPECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, (ZONAL), ERNAKULAM. 12. S.PADMINI, ASSISTANT EXTENSION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, IDUKKI. 13. K.M.ALIAS, ASSISTANT EXTENSION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, (ZONAL), ERNAKULAM. 14. K.PADMANABHAN, ASSISTANT EXTENSION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KANNUR. 15. K.K.KUTTAPPAN, TECHNICAL ASSISTANT, OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES, VYPEEN, ERNAKULAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.16773 of 2008 V ------------------------- Dated this the 6th day of June, 2008. JUDGMENT The petitioner was appointed as Sub Inspector of Fisheries. Promotion to the post of Inspector of Fisheries, as per the Special Rules, is by way of promotion from Sub Inspectors, by direct recruitment and appointment by transfer from among Upper Division Clerks. A ratio of 1:1:1 is prescribed as per the Special Rules. The petitioner's grievance is that several Upper Division Clerks have been posted against interchangeable posts of Assistant Extension Officer or Technical Assistant and they are permitted to continue in such posts. Though the promotion given to the petitioner is provisional subject to availability of Public Service Commission hands, it is pointed out that the number of persons who are appointed to the post of Inspector and as Assistant Extension Officers or Technical Assistants are far in excess of the 1/3rd quota that is available to be transferees as such. These facts are highlighted in Ext.P5 representation to the Director of Fisheries. This writ petition has been filed, inter alia, W.P.(C).NO.16773/08 :: 2 :: seeking a direction to consider Ext.P5 and also to prevent the reversion of the petitioner as such. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. No doubt, if the Special Rules prescribe a ratio of 1:1:1 among the promotees, direct recruits and transferees appointed on transfer, then the same will have to be maintained by the Government and the appointing authority. But, insofar as the petitioner's reversion is concerned, it is clear that it is only to accommodate the Public Service Commission hands as such. I cannot, therefore, interdict the Director from doing so. But the petitioner has highlighted the alleged excessive posting of Upper Division Clerks appointed as Assistant Extension Officers or Technical Assistants. This is a matter that has to be looked into by the Director. In the result, the writ petition is disposed of directing the 1st respondent to consider Ext.P5 and take appropriate action within a period of two months from the date of receipt of a copy of this judgment. If there are W.P.(C).NO.16773/08 :: 3 :: vacancies in the Fisheries Department, to which the Sub Inspectors of Fisheries could be accommodated even on a provisional basis, the petitioner shall be considered against the same in accordance with law. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge