IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30448 of 2009(A) -------------------------- PETITIONER(S): --------------- RAVEENDRAN.P.K, WARDEN, PREMATRIC HOSTEL, KANIYAMBETTA, WAYANAD, KALPATTA, WAYANAD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHEDULED TRIBE DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30448 of 2009 --------------------------------- Dated, this the 27th day of October, 2009 J U D G M E N T The petitioner is a male warden. He made a representation for category change as LDC. That was rejected by Ext.P5 dated 27/08/2002 on the ground that in view of the Special Rules, such category change is not permissible. 2. Primafacie that does not appear to be correct on the face of Ext.P1 Special Rules itself. That apart, in an almost identical situation, a view substantiating the claim of the petitioner has been taken by this Court in Ext.P3 judgment in WP(C) No.30967/2007 dated 05/12/2007. In view of Exts.P1 & P3, despite Ext.P5, the petitioner has persued his claim by filing Ext.P6 representation before the 2nd respondent, and the said representation is pending consideration. Having regard to the pendency of Ext.P6, I direct the 2nd respondent to consider and pass orders on Ext.P6, taking into account Exts.P1 & P3 referred to above, untrammeled by Ext.P5. WP(C) No.30448/2009 -2- Orders on Ext.P6 shall be passed as above as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg