IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 31266 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. ABDU C., LAST GRADE SERVANT,GOVT.WOMEN'S POLYTECHNIC, KOTTAKKAL,MALAPPURAM DISTRICT,KERALA. 2. VINOD K., L.D.CLERK,TECHNICAL HIGH SCHOOL, KAKOOR,MALAPURAM DISTRICT,KERALA. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPT.,GOVT.OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, GOVT.OF KERALA,THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.31266 of 2009 -------------------------- Dated this the 18th November,2009 J U D G M E N T Petitioners herein are respectively working as a Last Grade Servant and L.D Clerk in the Government Women's Polytechnic, Kollakkal in Malappuram District as well as in Technical High School, Kakoor in Malappuram District. 2. Petitioners have got a case that going by Ext.P3 Special Rules dated 2.9.1967, the post of Lecturer viz. Clause C- Polytechnics is filled from the post of Asst. Lecturers/Instructors and Draftsman. In the absence of those persons transfer from other service is permitted as per Ext.P3 special rules. The rules also provide for direct recruitment in the absence of qualified hands as stated in the above category. This was modified as per Ext.P4. Going by the same, the post of Lecturer is to be filled from qualified persons in service under By-transfer. Petitioners also refer to certain appointments made in the higher post of Lecturer in Business Management and reliance is placed on Ext.P6 in the matter. Ext.P7 is relied upon to show that one Sri.Ferose P.M who was a temporary W.P ( C) No.31266 of 2009 2 appointee through Employment Exchange was regularised as Lecturer in Business Management consequent to the decision taken by the Government for physically handicapped persons and later he was promoted as the Head of the Section. 3. Ext.P8 relates to Smt.Sudhakumari, an Instructor, who was given promotion on temporary basis as Head of the Section in Computer Applications and Business Management. 4. It is the case of the petitioners that the petitioners are qualified as per the Special Rules and are entitled for promotion. But the same was denied for a considerable period. 5. In the meanwhile, the Special Rules were amended as per Ext.P9, wherein, the method of appointment is by direct recruitment alone. The matter was objected to by various persons. It is the case of the petitioners that in the meeting held by the Principal Secretary to Government with the participation of representatives of the employees, it was decided that direct W.P ( C) No.31266 of 2009 3 recruitment and by-transfer appointment in the ratio of 1:1 could be made and such provision may be suitably incorporated. Ext.P10 is the minutes of the meeting. 6. Petitioners have filed Exts.P13 and P14 representations in the matter. It is prayed that the said representations may be directed to be considered by the competent authority. 7. Heard the learned Government Pleader also. There will be a direction to the first respondent to take a decision on Exts.P13 and P14, after hearing the petitioners also, within a period of four months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.31266 of 2009 4 W.P ( C) No.31266 of 2009 5