IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 29841 of 2008(C) -------------------------- PETITIONER(S): --------------- SURESH KUMAR R, ARCHITECTURAL HEAD DRAFTSMAN, OFFICE OF THE CHIEF ARCHITECT, P.W.D., THIRUVANANTHPURAM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ARCHITECT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29841 of 2008 ------------------------------- Dated this the 13th November, 2008. J U D G M E N T Heard Sri.Vishnu S. Chempazhanthiyil, 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 Architectural Head Draftsman in the office of the second respondent. He has a Degree in Architecture. He entered service on 8.10.2003 as Architectural Head Draftsman, on advice by the Kerala Public Service Commission. As per the Special Rules for Kerala Architectural Service, the next promotion post is that of Architectural Assistant. However, that post was abolished even before the petitioner entered service. The next promotion post is that of Assistant Architect. In view of the abolition of the post of Architectural Assistant, a stalemate arose. The Government thereupon issued the clarification evidenced by Ext.P2 to the effect that till the Special Rules are suitably W.P.(C) No.29841 of 2008 2 amended, temporary promotions can be made to the post of Assistant Architects, either under Rule 9(a)(i) or under Rule 31(a) (i) of Part II of K.S. & S.S.R, in accordance with seniority and that Architectural Head Draftsman can be temporarily promoted as Assistant Architect. The petitioner submits that his seniors have moved the Government and obtained orders enabling them to be temporarily promoted as Assistant Architects. Claiming similar relief, the petitioner has submitted Ext.P4 representation before the Secretary to Government, Public Works Department. In this Writ Petition, the petitioner inter alia prays that the respondents may be directed to consider Ext.P4 representation and pass orders there on, in the light of the earlier orders passed by the Government, and the directions issued by this Court in Exts.P5 and P6 to P8 judgments which were implemented by Exts.P9 and P10 Government orders. In the light of the fact that persons similarly situate have been given temporary promotion as Assistant Architect under Rule 31(a)(i) of Part II of the K.S. & S.S.R and having W.P.(C) No.29841 of 2008 3 regard to the fact that the post of Architectural Assistant stands abolished since 1977, the claim made by the petitioner merits consideration at the hands of the Government. Such being the situation, I dispose of the Writ Petition with a direction to the Secretary to Government, Public Works Department, to consider the request made by the petitioner in Ext.P4 and pass orders thereon, in the light of Exts.P9 and P10 Government orders and having regard to the fact that persons similarly situate as the petitioners were given promotion as Assistant Architects. This shall be done within three months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.