IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 16610 of 2010(A) -------------------------- PETITIONER: --------------- CAPTAIN HARIDAS C.NAIR, PORT OFFICER, NEENDAKARA, PORT OFFICE, ASHRAMAM, KOLLAM. BY ADV. SRI.S.RADHAKRISHNAN SRI.S.RAJ MOHAN SMT.J.DEEPTHI ROSE RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF FISHERIES AND PORTS, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PORTS, DIRECTORATE OF PORTS, 5TH FLOOR, NEW CORPORATION BUILDING, CMS JUNCTION, TRIVANDRUM. GOVERNMENT PLEADER SRI.L.G.SURESHBABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16610 of 2010(A) APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ P1: A TRUE COPY OF THE CERTIFICATE OF COMPETENCY AS MASTER OF A FOREIGN GOING SHIP ISSUED BY THE DG OF SHIPPING GOVT. OF INDIA DATED 3.6.1985 P2: A TRUE COPY OF THE CONTINUOUS DISCHARGE CERTIFICATE OF THE PETITIONER ISSUED BY THE SHIPPING CORPORATION OF INDIA. P3: A TRUE COPY OF THE ORDER DATED 31.5.2000 P4: A TRUE COPY OF THE CERTIFICATE NO.PA/CERTIFICATE/2006 DATED 6.7.06 ISSUED BY THE COCHIN PORT TRUST. P5: A TRUE COPY OF THE ORDER NO. GO RT NO.372/01/F & PD DATED 8.10.2001 P6: A TRUE COPY OF THE GRADATION LIST AS ON 1.3.10 CIRCULATED ON 19.3.10. P7: A TRUE COPY OF THE ORDER GO AT NO.6458/2009/GAD DATED 14.9.09 P8: A TRUE RELEVANT EXTRACTS OF THE KERALA PORT MANUAL P9: A TRUE COPY OF THE ORDER B1-4831/09 DATED 8.10.09 P10: A TRUE COPY OF THE ENDORSEMENT DATED 4.11.09 P11: A TRUE COPY OF THE REPRESENTATION DATED 16.9.09 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P12: A NEWS ITEM REPORTED IN KERALA KAUMUDI DAILY DATED 4.3.09 P13: TRUE COPIES OF THE RELEVANT PORTIONS OF MALAYALA MANORAMA DAILY AND KERALA KAUMUDI DAILY DATED 5.5.09. P14: A TRUE COPY OF THE EXPLANATION OFFERED BY THE PETITIONER DATED 6.10.09. P12: A TRUE COPY OF THE LETTER NO. G3-24340/2010 DATED 13.10.2010 ISSUED BY THE DIRECTOR VIGILANCE AND ANTI CORRUPTION BUREAU. 2ND RESPONDENT'S EXHIBITS --------------------------------------------- ANNEXURE R1(a): A PHOTOCOPY OF THE LETTER DATED 30.12.09 1ST RESPONDENT'S EXHIBITS ------------------------------------------- R1(a): TRUE COPY OF THE GOVERNMENT LETTER NO.1243/C2/10/VIG. DT.30.4.10 RKC //True Copy// PA to Judge. C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.16610 of 2010-A. = = = = = = = = = = = = = Dated this the 1st September, 2011. J U D G M E N T This writ petition has been filed mainly with a prayer to issue a writ of mandamus directing the respondents to fill up the regular vacancy of Director of Ports in accordance with the Special Rules and also for consideration of the candidature of the petitioner for the said post and to appoint him if he is found eligible and qualified. The petitioner is presently working as Port Officer in Port Office at Neendakara. The contention of the petitioner is that he is fully qualified for being considered for the post of Director of Ports in accordance with Kerala Port Service Special Rules, 1998. The vacancy of Director of Ports occurred as early as on 14.9.2009. In the said circumstances, on being aggrieved by the non-consideration of his grievance, the petitioner has submitted Ext.P11 representation on 16.9.2009. Despite its receipt no action was taken thereon. It is in the said circumstances that this WP(C).No.16610/2010-A. 2 writ petition has been filed with the aforementioned prayers. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader for the respondents. Evidently, Ext.P11 representation dated 16.9.2009 carrying the claims and grievances of the petitioner, in the matter of delay in consideration of his request for promotion to the post of Director of Ports is pending consideration before the first respondent. In the said circumstances, without making any observation as to the merits of the contentions and also the entitlement of the petitioner to the aforesaid post, this writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P1 representation expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. C.T. RAVIKUMAR, (Judge) Kvs/-