IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 7999 of 2008(B) ------------------------------------- PETITIONER: ------------------- A.N.SIVADASAN, SCIENTIFIC ASSISTANT (SENIOR GRADE), SOIL TESTING LABORATORY, THRISSUR. BY ADV. SRI.K.JAJU BABU. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF AGRICULTURE, TRIVANDRUM. R1 & R2 BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7999/2008-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. SH (2)1682/05 DTD. 24/12/05 ISSUED BY THE R.2. EXT.P.2: COPY OF THE ORDER NO. SH (2)61495/08 DTD. 02/02/08 ISSUED BY THE R.2. EXT.P.3: COPY OF THE G.O. (MS).NO.81/92/AD DTD. 16/03/1992 ISSUED BY THE R.1. EXT.P.4: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE R.1. ON 02/07/07. EXT.P.5: COPY OF THE PROCEEDINGS NO. 25637/EA1/07/AD DTD. 06/09/07 ISSUED BY THE R.1. EXT.P.6: COPY OF THE NOTE ISSUED BY THE DEPARTMENT UNDER RIGHT TO INFORMATION ACT VIDE NO.SB (2) 74835/07 DTD. 14/11/07. EXT.P.7: COPY OF THE G.O. (RT).NO.2000/89/AD DTD. 05/12/89 ISSUED BY THE R.1. EXT.P.8: COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER BEFORE THE R.1. ON 17/01/08. EXT.P.9: COPY OF THE ORDER NO. SH (2) 61495/00 DTD. 02/02/08 ISSUED BY THE R.2. EXT.P.10: COPY OF THE RELEVANT EXTRACT OF CIRCULATION NOTES OF THE AGRICULTURE DEPARTMENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.7999 of 2008 ------------------------------- Dated this the 1st December, 2008. J U D G M E N T Heard Sri.K.Jaju Babu, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Scientific Assistant Grade I (Senior Grade) in the Agriculture Department. Scientific Assistants in the Agricultural Department fall under three categories, viz., Scientific Assistant Grade II, Scientific Assistant Grade I and Senior Grade Scientific Assistant. The sanctioned strength of Scientific Assistant Grade II is 31, Scientific Assistant Grade I is 15 and that of Senior Grade Scientific Assistant is 15. The petitioner submits that for want of rules prescribing the method of appointment to the post of Senior Grade Scientific Assistant, he has been stagnating in the post of Scientific Assistant Grade I. The petitioner also submits that Senior Grade Scientific Assistants can also aspire for W.P.(C) No.7999 of 2008 2 promotion to the next higher category, viz., Assistant Soil Chemist, and that as per the Rules, a quota is also reserved for Senior Grade Scientific Assistants for promotion to the category of Assistant Soil Chemist. In this writ petition, the grievance voiced by the petitioner is that the Government have, notwithstanding the fact that this anomaly has come to their notice, not taken steps to rectify the said anomaly. Relying on the proposal set out in Ext.P10 to amend the Special Rules, the petitioner prays that the Government may be directed to issue appropriate orders either in the form of Executive orders or by an amendment of the Special Rules, to provide for promotion of Scientific Assistant Grade I to the category of Senior Grade Scientific Assistant. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Paragraph 4 of the counter affidavit dated 11.7.2008 sworn to on behalf of the first respondent discloses that the Government is contemplating to issue Executive Orders regarding the matter. W.P.(C) No.7999 of 2008 3 On going through the pleadings and after hearing the arguments on either side, I am of the opinion that the dispute can be resolved by the Government issuing appropriate orders prescribing the method of appointment and qualifications for the post of Senior Grade Scientific Assistant. The pleadings disclose that for the past several years, this anomaly in the Rules has not been rectified. 4. In these circumstances, I direct the State Government to issue Executive Orders fixing the method of appointment and qualification for promotion to the post of Senior Grade Scientific Assistant in the Agriculture Department. This shall be done within a period of three months from the date of receipt of a copy of this judgment. Depending on the orders thus issued, the claim of the petitioner for promotion to the category of Senior Grade Scientific Assistant and to the next higher post shall also be considered and a decision taken in the matter expeditiously and in any case within a period of another two W.P.(C) No.7999 of 2008 4 months thereafter. The claims of persons similarly situate as the petitioner shall also be considered simultaneously. P.N.RAVINDRAN, JUDGE nj.