IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 23090 of 2008(W) -------------------------- PETITIONER: ---------------------- B.S.MUHAMMED, EXTENSION OFFICER (P & M),BLOCK DEVELOPMENT OFFICE, MANJESWAR, KASARGOD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT PLANNING AND ECONOMIC AFFAIRS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ECONOMIC & STATISTICS, VIKAS BHAVAN, THIRUVANANTHAPUTRAM. BY GOVERNMENT PLEADER SMT. T.B. REMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.23090 of 2008 -------------------------- Dated this the 3rd September, 2008 J U D G M E N T The petitioner, who is presently working as Extension Officer (P&M) in the Block Development Office, Manjeswar in Kasargod District challenges Exhibit-P16 letter dated 23.10.2007 whereby he was informed that his request for out of turn promotion as Taluk Statistical Officer under Rule 9 (d) of Part II of the K.S.& S.S.R stands rejected. The petitioner contends that as he is proficient in Kannada and as a large number of Kannada speaking people reside in Kasargod and Hosdurg Taluks, he is entitled to be considered for being posted as Taluk Statistical Officer. The petitioner refers to and relies on Rule 9 (d) of Part II of the K.S.& S.S.R, which reads as follows: “(d) Notwithstanding anything contained in these rules, or in the Special Rules if and when a vacancy arises in a post borne on the cadre of a service, class or category for appointment to which knowledge of a particular regional W.P ( C) No.23090 of 2008 2 language is necessary in the opinion of the State Government and the person who is entitled to appointment to the post under these rules and the special rules does not possess such knowledge, any other person junior to him who possess such qualification and other qualifications, if any, prescribed under the rules may be appointed to that post; but the person so appointed shall not, by reason only of such appointment, be regarded as a probationer in such service, class or category, nor shall he acquire thereby any preferential right to future appointment to such service, class or category”. 2. Exhibit-P16 discloses that the Government have taken the stand that there is no necessity to appoint a Kannada knowing officer against the post of Taluk Statistical Officer. As directed by this Court, a statement has been filed on behalf of the second respondent, wherein, it is stated that the Taluk Statistical Officer in the Department of Economics and Statistics has no direct contact with the public unlike Taluk level officers in other departments and that in the Department of Economics and Statistics Investigators collect the data and pass it on to the W.P ( C) No.23090 of 2008 3 higher officers. 3. A Division Bench of this Court in W.A No.556 of 2008 has held that a Government employee cannot invoke Rule 9(d) to claim promotion to the higher post on the short ground that he/she is proficient in a language spoken by linguistic minorities and that Rule 9 (d) is only a provision enabling the Government to give out of turn promotion as a temporary measure to officers whose proficiency in languages spoken by linguistic minorities is required in public interest. The Division Bench has taken the view that an employee cannot compell the Government to promote him/her on an out of turn basis applying Rule 9(d) only for the reason that he/she is proficient in a language spoken by the linguistic minorities. 4. In view of the authoritative pronouncement by the Division Bench of this Court in W.A No.556 of 2008 and the stand taken by the Government in the statement dated 18.8.2008, I find no merit in the challenge to Exhibit-P16. W.P ( C) No.23090 of 2008 4 The writ petition accordingly fails and it is dismissed. The dismissal of this writ petition will not stand in the way of petitioner being considered for promotion to the higher post in usual course dehors Rule 9 (d) of Part II of the K.S.& S.S.R, if he is otherwise eligible as per the Special Rules. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.23090 of 2008 5 W.P ( C) No.23090 of 2008 6