IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WA.No. 2186 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.11380/2008 Dated 22/07/2008 .................... APPELLANT(S): FIRST RESPONDENT ------------------------------ THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR T.C.27/588(7) & (8), CENTINEL IIIRD FLOOR, PATOOR, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.C.E.UNNIKRISHNAN,SC,K.S.B.C.DEVP.CO SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENT(S): PETITIONER & SECOND RESPONDENT --------------------------------------------- 1. SABU.S., ASSISTANT MANAGER, KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LIMITED, REGIONAL OFFICE, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SC/ST DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. R1 BY ADV. SHRI P.C.SASIDHARAN R2 BY SR. GOVT. PLEADER SHRI BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2186 of 2008 -------------------------------------- Dated this the 27th day of November, 2008. JUDGMENT Koshy, J. Heard both sides. 2. First respondent/petitioner was working as Assistant Manager in the appellant Corporation. As per the Special Rules he was eligible to be considered for promotion to the post of Regional Manager on 3.11.2007 when he completed seven years' service as Assistant Manager. The provisions of Special Rules regarding the promotion were stated in the impugned judgment. It is also stated that there are four Regional Managers on deputation. It is true that as per the Special Rules, Regional Managers can be appointed on deputation from State Government Service. The operative portion of the impugned judgment would say that first respondent also should be considered for the post of Regional Manager in the Kerala State Backward Classes Development Corporation because he is qualified. The Corporation filed this appeal contending that the existing Regional Managers were re-designated as District Managers and now there is no post of Regional Managers. If the post is re-designated, the judgment should be considered in that spirit and instead of as Regional Manager, he can be promoted as District Manager. We see no ground to interfere with the impugned judgment. It is submitted that confidential reports WA No.2186/2008 2 are available with the employer. It is for the employer to consider it according to law. However, we grant three weeks further time to the appellant Corporation for implementation of the judgment. Writ Appeal is dismissed with the above observation. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks