IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22089 of 2008(D) -------------------------- PETITIONER: ------------ S.BALAMANIKANDAN, AGED 51 YEARS, S/O.LATE C.NARAYANA KONAR, JOINT BLOCK DEVELOPMENT OFFICER, (RSE), BLOCK DEVELOPMENT OFFICE, KALLEKKAD BLOCK, PALAKKAD, RESIDING AT: MANCAVU, PALGHAT. BY ADV. SRI.T.C.GOVINDA SWAMY SMT.D.HEERA RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT, STATE SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, LMS COMPOUND, THIRUVANANTHAPURAM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22089/2008 -------------------- Dated this the 23rd day of July, 2008 JUDGMENT Petitioner is working as Joint Block Development Officer. He has passed Tamil Minority Language test, and he aspires for promotion to the post of Block Development Officer. Petitioner has invoked the powers of the Government under Rule 9(b) of Part-II of K.S. & S.S.R, which enables the Government to effect promotion to any post giving preference to persons who have knowledge in particular regional language in certain areas, where knowledge of the said language is necessary, in the opinion of the State Government. Petitioner refers to Ext.P2 order by which one George Mohandas was promoted as Block Development Officer on the basis of the safeguards of Linguistic Minority Language in Tamil. Exts.P3 and P5 representations are pending before the Commissioner of Rural Development in this regard. In my view, a decision can be taken only by the Government. 2. Accordingly writ petition is disposed of directing the W.P.(C).22089/2008 2 second respondent to forward Exts.P3 and P5 to the Government within one month from the date of receipt of a copy of this judgment. First respondent, Government, shall consider the same and pass orders thereon, within two months thereafter. If there are other eligible applicants who could be considered under Rule 9(b), then their case shall also be considered by the Government in the course of passing orders on Exts.P3 and P5. Copy of the writ petition, along with the copy of the judgment, shall be produced by the petitioner before the second respondent. V.GIRI, Judge mrcs