IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1809 of 2008(M) ------------------------- PETITIONER: ------------- T.Y.HAMEED, JUNIOR SUPERINTENDENT, VADAKKANCHERY GRAMA PANCHAYAT, PALAKKAD. BY ADV. SRI.R.RAJASEKHARAN PILLAI SRI.S.S.KUMAR RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. BY SRI.BIJOY CHANDRAN, GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 1809 of 2008 -------------------------- Dated this the 15th January, 2008 J U D G M E N T Petitioner is working as a Junior Superintendent in the Vadakkanchery Grama Panchayat. While working as U.D. Clerk he had passed the Departmental Tamil Test conducted by the Public Service Commission. Petitioner submits that many persons had availed of the benefit of Rule (d) of Part II of the K.S.& S.S.R, which reads as follows: “9(d). Notwithstanding anything contained in these rules, or in the Special Rules if and when a vacancy arises in a post born on the cadre of a service class or category for appointment to which knowledge of a particular regional language is necessary in the opinion of the State Government and the person who is entitled to appointment to that force under these rules and the special rules does not possess such knowledge any other person junior to him who possess such qualification and other qualification if any prescribed under the rules may be appointed to that post; but the person so appointed shall not by reason of only such appointment be regarded as a probationer in such service class or category not shall he acquire thereby any preferential right to future appointment to such service class or category.” W.P ( C) No. 1809 of 2008 2 2. It is the contention that he had also made a request to the 2nd respondent to consider his case for promotion to the post of Lower Grade Secretary by invoking Rule 9 (d) of the K.S. & S.S.R. But, nevertheless, the petitioner has not been considered. Petitioner submits that even if Rule 9 (d) is invoked by the Government in appropriate cases it shall not result in the supersession of seniors who are otherwise eligible to be considered under Rule 9 (d) by possessing the requisite test qualification. These aspects have been highlighted in Exhibit P3, wherein, petitioner refers to the fact that his juniors have been promoted invoking Rule 9 (d) ignoring the fact that the petitioner also could be considered for promotion invoking the same Rule. 3. Learned counsel for the petitioner Mr. Rajasekharan Pillai submits that there are at present three vacancies in the post of Special Grade Secretary in the Palakkad District. After having heard the learned Government Pleader, this writ petition is disposed of directing the 2nd respondent to consider Exhibit P3 and take a decision thereon, within two months from the date of receipt of a copy of this judgment. The W.P ( C) No. 1809 of 2008 3 2nd respondent shall specifically advert to the contention of the petitioner that his juniors have been given promotion as Special Grade Secretary invoking Rule 9 (d) Part II of the K.S. & S.S.R. without considering the fact that he also possesses the same qualification and therefore could be considered for promotion under Rule 9 (d). The 2nd respondent shall further advert to the contention of the petitioner that there are at present vacancies in the post of Special Grade Secretary available in the Palakkad District which could be filled up by invoking Rule 9 (d) Part II of K.S.& S.S.R. If the petitioner's claim that his juniors have been promoted overlooking seniority is found to be correct, appropriate remedial action should also be taken by the 2nd respondent. This will include review of the promotions , if any effected, invoking Rule 9 (d), to the post of Special Grade Secretary in the meanwhile. (V.GIRI, JUDGE) ma W.P ( C) No. 1809 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 1809 of 2008 5 25th May, 2007