IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 7174 of 2010(V) ------------------------- PETITIONER: ------------- P.K. RAVEENDRAN, JUNIOR ASSISTANT, (ON DEPUTATION FROM THE CIVIL SUPPLIES DEPARTMENT), FINANCIAL RESOURCES SECTION, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, POST BOX NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI - 682 020. RESIDING AT : PATTATHIL HOUSE, NOCHIMA, N.A.D(P.O.), ALUVA - 683 563. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SMT.LEENA MURALI RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF CIVIL SUPPLIES, O/O. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 7174 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2010 JUDGMENT The petitioner is a Junior Assistant presently working in the Kerala State Civil Supplies Corporation Limited on deputation from the Civil Supplies Department. In the parent department he is holding the post of Lower Division Clerk. For getting promotion to the post of Upper Division Clerk, passing of obligatory departmental tests are mandatory. The claim of the petitioner is that by virtue of Rule 13 B Part II of KS & SSR, the petitioner is entitled to get permanent exemption from passing the obligatory departmental tests for promotion. The petitioner has also placed reliance on Ext.P5 Government Order dated 17.02.04, wherein under similar circumstances a similarly situated person was granted exemption from passing the obligatory departmental tests for promotion by virtue of the 3rd proviso to Rule 13B of KS & SSR. 2. The petitioner has filed Ext.P7 representation before the 1st respondent. A perusal of Ext.P7 would reveal that it is W.P.(C)No. 7174 OF 2010 -:2:- addressed to the Chief Secretary. Normally, such representations received by the Chief Secretary would be transmitted to be considered by appropriate Secretary, in this case the 2nd respondent. In case Ext.P7 has not already been transmitted to the 2nd respondent, the 1st respondent shall forward Ext.P7 to be considered by the 2nd respondent within a period of one month. On receiving Ext.P7 the 2nd respondent shall consider the claims of the petitioner in the light of Ext.P5 Government Order and the provisions under Rule 13B of KS & SSR expeditiously and at any rate within one month thereafter. The Writ Petition is disposed of as above. C.T.RAVIKUMAR, JUDGE ttb