IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 19747 of 2009(K) -------------------------------------- PETITIONER(S): ------------------------ A.R.MADHUKUMAR,S/O.V.RAGHAVAN, AGED 44 YEARS,HEAD WARDER,CENTRAL PRISON, VIYYUR,THRISSUR DISTRICT. BY ADVS.MR.V.A.MUHAMMED MR.M.SAJJAD RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA,REP.BY ITS SECRETARY TO GOVERNMENT,HOME DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (PRISONS),POOJAPPURA,TRIVANDRUM. 3. THE DEPUTY INSPECTOR GENERAL OF PRISONS, CENTRAL REGION,THRISSUR-10. BY GOVT. PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19747/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.E6-3940/04 OF 2ND RESPONDENT DTD. 25.6.04. P2:- COPY OF THE ORDER NO.DIGT 915/04 OF 3RD RESPONDENT DTD. 29.6.04. P3:- COPY OF THE ORDER NO.E6/3940/04(ii) OF THE 2ND RESPONDENT DTD. 14.6.04. P4:- COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 28.11.08. P5:- COPY OF THE ORDER NO.E6/17764/08/OF THE 2ND RESPONDENT DTD. 17.2.06. P6:- COPY OF THE ORDER NO.E6-777/08 OF DO. DO. DTD. 23.1.08. P7:- COPY OF THE ORDER NO.E6-18735/08 OF DO. DO. DTD. 30.12.08. TRUE COPY P.A. TO JUDGE tss V.GIRI, J ------------------- W.P.(C).19747/2009 -------------------- Dated this the 12th day of October, 2009 JUDGMENT Petitioner is a Head Warder currently stationed in Central Prison, Viyyur, Thrissur district. He aspires for promotion to the post of Assistant Jailor Grade-II. Petitioner's claim was considered and rejected as per Ext.P5. This has been challenged in the writ petition. 2. Ext.P5 does not contain any reason. According to the petitioner, the post of Assistant Jailor Grade-II is filled up on the basis of seniority. However, according to the petitioner, his juniors have been promoted. The seniority list in the post of Head Warder has not been published. In these circumstances, provisional promotion under Rule 31 of the KS & SSR would be appropriate. 3. Petitioner's claim under Ext.P4 shall be looked into afresh and fresh revised order shall be passed and appropriate action taken by the Additional Director General W.P.(C).19747/09 2 of Police, the 2nd respondent, within two months from the date of receipt of a copy of this judgment. Petitioner shall be heard if any order adverse to him is proposed to be passed. Writ petition is disposed of as above. V.GIRI, Judge mrcs