IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WA.No. 1226 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20688/2008 Dated 12/12/2008 .................... APPELLANT/ RESPONDENT NO.3 ------------------ SHAJI S., LIBRARIAN GRADE III, STATE CENTRAL LIBRARY, THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/ PETITIONERS & RESPONDENTS 1 & 2 ------------------------ 1. P.ILBERT LOPEZ, S/O. PUSHPAM LOPEZ, NON TECHNICAL ATTENDER (LIBRARY ATTENDER), GOVERNMENT ENGINEERING COLLEGE, BARTONHILL, THIRUVANANTHAPURAM. 2. DILEEP D., S/O. N.DIVAKARAN, NON TECHNICAL ATTENDER (LIBRARY ATTENDER), COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM. 3. RAMESH KUMAR K., S/O. C.KUTTAN, (LIBRARY ATTENDER), CENRAL POLYTECHNIC COLLEGE, THIRUVANANTHAPURAM. 4. SURESHKUMAR M., S/O. MANIYAN PILLAI V., (LIBRARY ATTENDER), COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM. 5. SHAJIMON J., S/O. D.JOHN, LABORATORY ATTENDER, CENTRAL POLYTECHNIC COLLEGE, THIRUVANANTHAPURAM. W.A.NO.1226/2009 6. NARAYANA PISHARADY, S/O. GOPALA PISHARADY, NON TECHNICAL ATTENDER, BARTON HILL ENGINEERING COLLEGE, THIRUVANANTHAPURAM. 7. V.VENUKUMAR, S/O. VIJAYACHANDRAN NAIR, NON TECHNICAL ATTENDER, GOVERNMENT POLYTECHNIC, ATTINGAL. 8. MOHANLAL C., S/O. V.CHELLAPPAN PILLAI, NON TECHNICAL ATTENDER, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM. 9. EDWIN, S/O. ALIAS P., NON TECHNICAL ATTENDER, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM. 10. SHEELA KUMARI K., S/O. SADASIVAN B., NON TECHNICAL ATTENDER, TECHNICAL EDUCATION, DIRECTORATE, THIRUVANANTHAPURAM. 11. GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (A) DEPARTMENT, THIRUVANANTHAPURAM. 12. THE DIRECTOR, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. ADV.SRI.O.D.SIVADAS FOR R1 TO R10 SPL.GOVT.PLEADER, SRI.BENNY GERVASIS FOR R11 & R12. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. -------------------------------- W.A.No.1226 OF 2009 -------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant was the 3rd respondent in the Writ Petition. The writ petitioners relied on Ext.P3 order under which the appellant was promoted as Librarian Grade IV to prop up their case for promotion. The learned Single Judge, while dismissing the Writ Petition, observed that Ext.P3 is a wrong order and therefore, the Government cannot be asked to issue similar orders. The learned counsel for the appellant submitted that he is a member of the Scheduled Caste and he has been granted promotion invoking the power of the Government under Rule 39. It is also pointed out that the appellant is working in a different service and the writ petitioners were not seeking promotion to that service. Having regard to the special facts of the case and in the absence of any challenge to Ext.P3 order, it was unnecessary for the learned Single Judge to pronounce about the validity of Ext.P3. We agree with the said contention of the learned counsel W.A.No.1226/2009 2 for the appellant. Therefore, the observation of the learned Single Judge to the effect that Ext.P3 was a wrong order and it was impermissible for the Government to issue that order is vacated. The Writ Appeal is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps The words “he is a member of the Scheduled Caste” occurring in the 4th sentence of the judgment dated 23.6.2009 are deleted as per order dated 09.7.2009 in I.A.No.646/2009 in W.A.No.1226/2009. sd/- Registrar (Judicial)