IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14776 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------- 1. SURESH BABU.S., HEAD WARDER, SICA CENTRAL PRISON, POOJAPPURA, TRIVANDRUM. 2. SURENDRAN.R., HEAD WARDER, OPEN JAIL, NETTUKALTHERRI, TRIVANDRUM. 3. SASI.G.,HEAD WARDER, OPEN JAIL, NETTUKALTHERRI,TRIVANDRUM. 4. ABRAHAM.P.V. HEAD WARDER, OFFICE OF I.G. OF PRISONS, PRISONS HEAD QUARTERS, POOJAPPURA, TRIVANDRUM. 5. VIJAYAN.S. HEAD WARDER, OFFICE OF I.G. OF PRISONS, PRISONS, HEAD QUARTERS, POOJAPPURA, TRIVANDRUM. BY ADVS. MR.BIJU BALAKRISHNAN, MR.RAAKHEE.V.S.. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF POLICE (PRISONS), PRISONS HEAD QUARTERS, POOJAPPURA, TRIVANDRUM. BY SR. GOVERNMENT PLEADER MR. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.14776 of 2009 -------------------------------------- Dated 29th May, 2009 JUDGMENT Heard Sri.Biju Balakrishnan, the learned counsel appearing for the petitioners and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioners are Head Warders in the Kerala Jail Subordinate Service. Their grievance is that though they are eligible and qualified to be promoted to the higher posts of Assistant Jailor Grade I, Sub Jail Superintendent and Supervisors Open Prison, they have not been given such promotions notwithstanding the fact that their juniors have been promoted to such higher posts. Aggrieved thereby, the petitioners have filed Exts.P11 to P15 representations before the Secretary to Government, Department of Home. In this writ petition, the petitioners inter alia seek a direction to the Government to consider the request made by them in Exts.P11 to P15 representations and pass orders thereon within a time limit to be fixed by this Court. 3. The question whether going by their rank and seniority and the terms and stipulations in the Special Rules for the Kerala Jail Subordinate Service, the request made by the petitioners in Exts.P11 WP(C).No.14776/2009 2 to P15 can be granted or not is primarily a matter to be decided by the Government in the first instance. Exts.P11 to P15 were submitted only recently. The Government are yet to pass orders in the matter. However, the pleadings disclose that the petitioners' juniors have been promoted to the higher posts. In such circumstances, I am of the considered opinion that the grievance voiced by the petitioners in Exts.P11 to P15 representations requires to be examined by the Government expeditiously. I accordingly dispose of this writ petition with a direction to the State Government to consider the grievance voiced by the petitioners in Exts.P11 to P15 and pass orders thereon in accordance with law, after affording the petitioners a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioners produce a certified copy of this judgment along with a copy of this writ petition before the Secretary to Government, Home Department. If the Government are of the opinion that besides the petitioners, other persons also have to be heard in the matter, it will be open to the Government to hear such persons also before passing orders as directed above. P.N.RAVINDRAN Judge TKS