IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 4032 of 2010(D) ------------------------- PETITIONER(S): --------------------- M.A.RAJENDRAN, GUARD, STATE MUSEUM AND ZOO, THRISSUR. BY ADV. SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR SMT.LALIZA.T.Y. RESPONDENT(S): ------------------------ 1. STATE OF KERALA-REPRESENTED BY THE SECRETARY TO GOVERNMENT, CULTURAL AFFAIRS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, OFFICE OF THE DIRECTOR OF MUSEUM AND ZOOS, THIRUVANANTHAPURAM 695 033. 3. THE SUPERINTENDENT, STATE MUSEUM AND ZOO, THRISSUR. GOVERNMENT PLEADER SRI.ANTONY MUKATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4032/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A COPY OF THE APPLICATION DT 1.12.2009. EXT.P2: A COPY OF THE COMMUNICATION DATED 1.12.2009. EXT.P3: A COPY OF THE COMMUNICATION DATED 21.12.2009. EXT.P4: A COPY OF THE COMMUNICATION DATED 21.12.2009. EXT.P5: A COPY OF THE COMMUNICATION DATED 5.1.2010 EXT.P6: A COPY OF THE ORDER DATED 26.11.2004. EXT.P7: A COPY OF THE ORDER DATED 17.11.2008. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 4032 OF 2010 (D) ===================== Dated this the 15th day of July, 2010 J U D G M E N T Petitioner, a Graduate submits that he is a Guard under the 2nd respondent. It is stated that by virtue of the proviso to Rule 2 of the Special Rules for Last Grade Servants, he sought appointment in the post of Peon, by way of category change. The request of the petitioner has been rejected by Ext.P5. It is challenging Ext.P5, the writ petition is filed. 2. Learned counsel for the petitioner impugns Ext.P5 mainly contending that Ext.P5 has been issued without adverting to Rule 2 and also the previous orders passed evidenced by Exts.P6 and P7. Referring to the proviso to Rule 2, learned counsel for the petitioner submits that persons who are selected from a common ranked list and who possess additional qualifications, if any, prescribed for a post, are to be allowed category change on request. According to him, only condition is that once such category change is allowed, the beneficiary will rank junior most in the new post. It is therefore stated that under the Special Rules, category change to the post of Peon was WPC No. 4032/10 :2 : permissible. Counsel also invited my attention to Exts.P6 and P7, which also prima facie show that category change has been allowed in respect of the employees under the 2nd respondent, who according to the petitioner are similarly situated . 3. Obviously, Ext.P5 has been issued without properly adverting to the Special Rules and Exts.P6 and P7, and therefore, Ext.P5 reflects total non application of mind. For this reason, I quash Ext.P5 and direct the 2nd respondent to pass fresh orders on the application made by the petitioner for category change duly adverting to the Special Rules and also Exts.P6 and P7. Orders shall be passed, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp