IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 23129 of 2011(M) --------------------------------------- PETITIONERS: --------------------- 1. ANITHA.M, U.D.CLERK,GOVT.GUEST HOUSE, DEPT.OF TOURISM,KOZHIKODE. 2. SREEKUMAR.G, U.D.CLERK, OFFICE OF THE JOINT DIRECTOR,DEPT.OF TOURISM,ERNAKULAM. BY ADVS. SRI.S.RAMESH, SRI.NAVEEN.T, SMT.POOJA SURENDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,TOURISM DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TOURISM,PARK VIEW, THIRUVANANTHAPURAM. 3. SRI.DILEEP KUMAR VALANKI,MANAGER GR-III, GUEST HOUSE,DEPT.OF TOURISM,KANNUR. 4. D.SUDHAKARAN NAIR,MANAGER GR-III, YATHRI NIVAS,DEPT.OF TOURISM,ERNAKULAM. 5. R.AJITHKUMAR,MANAGER GR-III,GUEST HOUSE, CHERUTHURUTHY,THRISSUR DISTRICT. R1 & R2 BY GOVT. PLEADER SMT. SMITHA SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.23129/2011-M: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1- TRUE COPY OF THE ORDER DATED 26-2-2001 OF THE IST RESPONDENT. EXHIBIT P1(A)-TRUE COPY OF THE ORDER DATED 23-5-2011 OF THE 2ND RESPONDENT. EXHIBIT P2- TRUE COPY OF THE ORDER DT.7-11-2001 OF THE 2ND RESPONDENT. EXHIBIT P3- TRUE COPY OF THE ORDER DT.7-6-2010 OF THE 2ND RESPONDENT. EXHIBIT P4- TRUE COPY OF THE ORDER DT.29-10-2007 OF THE 2ND RESPONDENT. EXHIBIT P4(A)-TRUE COPY OF THE ORDER DT:14-10-2008 OF THE 2ND RESPONDENT. EXHIBIT P4(B)-TRUE COPY OF THE CIRCULAR DATED 19TH MAY,1970 ISSUED BY THE GOVERNMENT. EXHIBIT P5- TRUE COPY OF THE ORDER DATED 3-1-2011 OF THE 2ND RESPONDENT. EXHIBIT P6- TRUE COPY OF THE ORDER DATED 8-11-2010 OF THE 2ND RESPONDENT EXHIBIT P7- TRUE COPY OF THE REPRESENTATION DT:7-4-2011 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P8- TRUE COPY OF THE REPRESENTATION DT.9-5-2011 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P9- TRUE COPY OF THE REPRESENTATION DT.19-7-2011 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P10-TRUE COPY OF THE REPRESENTATION DT.12-8-2011 FILED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P11-TRUE COPY OF THE REPRESENTATION DT.12-8-2011 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.23129 of 2011-M. = = = = = = = = = = = = = Dated this the 20th September, 2011. J U D G M E N T Petitioners are Upper Division Clerks working in Tourism Department. Their next promotion post is that of Manager Grade III. However, they are not being promoted for the reason that there are no sufficient number of vacancies of Manager Grade III available. According to the petitioners, the present incumbents working as Manager Grade III are due for promotion as Manager Grade II. However, the promotions due to them are not being effected. It is for the said reason that vacancies are not arising in the cadre of Manager Grade III. It is also pointed out by the counsel for the petitioners that the respondents 3 to 5 whose period of probation have long expired are not confirmed for no reason and therefore, the said persons are still continuing on WP(C).No.23129/2011-M. 2 probation, blocking the chances of promotion of the petitioners. 2. The petitioners have set out their grievances in detail in Exts.P10 and P11 representations that they have submitted to the second respondent. However, they complain that no orders have been passed thereon till date. 3. Heard the learned Government Pleader also. 4. In view of the fact that the grievances of the petitioners are pending consideration of the second respondent, it is not necessary to consider the rival contentions of the parties at this stage. It is sufficient that the second respondent is directed to consider the representations and to pass orders thereon, expeditiously. 5. In the above circumstances, this writ petition is disposed of directing the second respondent to consider the grievances of the petitioners set out in Exts.P10 and P11 representations in accordance with law and to pass WP(C).No.23129/2011-M. 3 appropriate orders thereon as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-