IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 13736 of 2009(J) -------------------------- PETITIONER(S): --------------- MATHEWSAM, S/O.SAMUEL, AGED 37 YEARS. GENERAL SECRETARY, LIVE STOCK MANAGEMENT, (V.H.S.E), CERTIFICATE HOLDERS ASSOCIATION, STATE COMMITTEE, VETTICKAMUKALIL, PULAMON P.O., KOTTARAKKARA. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO ANIMAL HUSBANDRY (AH) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM. BY SR.G.P.SMT. ANU SIVARAMAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, ALONG WITH WPC NO. 15902 OF 2009 WPC NO. 15903 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) Nos.13736, 15902 & 15903 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of June, 2009 JUDGMENT Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioner in W.P.(C) No.13736 of 2009 is the General Secretary of Vocational Higher Secondary Education Certificate Holders (Life Stock Management) Association and the petitioner in W.P.(C) No. 15903 of 2009 is the Kerala Live Stock Inspectors’ Association. The petitioners in W.P.(C) No. 15902 of 2009 are Class IV employees of the Animal Husbandry department. 3. Formerly last grade employees of the Animal Husbandry department who had passed the SSLC Examination or its equivalent were eligible to be considered for appointment by transfer to the category of Livestock Inspector Grade-II/ Poultry Assistant/ Milk Recorder/ Storekeeper/ Enumerator. By an amendment introduced as per Government W.P.(C) No. 13736/09 2 order dated 14-5-2004, in-service candidates with a pass in the SSLC Examination or its equivalent were disabled from seeking appointment by transfer. Some of the last grade employees of the Animal Husbandry department had filed W.P.(C) No. 13395 of 2008 in this Court challenging the amendment to the special rules introduced as per G.O.(P) No.109/04/AD dated 14-5-2004 whereby inservice candidate with a pass in the SSLC Examination or its equivalent were disabled from seeking appointment by transfer to the category of Livestock Inspector Grade-II/ Poultry Assistant/ Milk Recorder/ Storekeeper/ Enumerator. By judgment delivered on 13-6- 2008 a learned Single Judge of this Court directed the petitioners therein to move the Government setting out their grievances and the Government was directed to consider the same and pass orders thereon. Similarly petitioners in W.P.(C) No. 15902 of 2008 had filed W.P.(C) No. 14848 of 2008 and another Class-IV employees had filed W.P.(C) No. 34014 of 2008 seeking similar reliefs. By judgment delivered on 19-11-2008, I had disposed of the said writ petitions with a direction to the Government to consider the request made by them, in the light of the report submitted by the Director of Animal Husbandry department and to take a decision thereon after affording them a reasonable opportunity of being heard. 4. The pleadings disclose that pursuant to the directions issued by W.P.(C) No. 13736/09 3 this Court, the Government heard the in-service candidates on 30-4-2009. The grievance voiced by the petitioners in W.P.(C) No. 150902 of 2009 is that till date orders have not been passed, though a hearing was held on 30- 4-2009. The petitioners in the other two writ petitions seek a writ of mandamus commanding the respondents not to amend the special rules as requested by inservice candidates of the Animal Husbandry department. 5. In my opinion, the request made by petitioners in W.P.(C) Nos.13736 and 15903 of 2009 cannot be examined by this Court. It is for the Government to decide what should the qualifications for the post and what should be the method of appointment. The petitioners in W.P.(C) Nos.13736 and 15903 of 2009 will have to wait till the Government takes a decision in the matter and if they are aggrieved by the amended special rules, challenge the same, if grounds exist. As regards W.P.(C) No. 15902 of 2009, if the Government have not passed orders within the time limit stipulated by this Court, the remedy of the petitioners lies elsewhere. Therefore, W.P.(C) No. 15902 of 2009 is dismissed without prejudice to the right of the petitioners to initiate appropriate proceedings, if the directions issued by this Court in Ext.P3 judgment produced therein have not been complied with. W.P.(C) Nos.13736 and 15903 of 2009 are dismissed reserving the liberty with the petitioners therein to challenge the amended W.P.(C) No. 13736/09 4 special rules, if they are aggrieved thereby and grounds exist for such challenge. P.N.RAVINDRAN, JUDGE. mn.