IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 20600 of 2008(B) -------------------------- PETITIONER(S): --------------- DR.T.MURALEEDHARAN NAIR, TECHNICAL ASSISTANT (CT), CFSC, CHANGANACHERRY - 686 106. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, TRIVANDRUM. GOVERNMENT PLEADER FOR R1 SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20600 of 2008 APPENDIX EXHIBITS EXT.P1- COPY OF G.O.(RT).498/97/ID DATED 29.4.97 ISSUED BY THE 1ST RESPONDENT EXT.P2- COPY OF RELEVANT EXTRACT OF PROCEEDINGS NO.EA8/4179/92 DATED 1.4.92 ISSUED BY THE 2ND RESPONDENT EXT.P3- COPY OF G.O.(Rt).692/86/ID DATED 13.8.86 ISSUED BY THE 1ST RESPONDENT EXT.P4- COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.4.06 EXT.P5- COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 29.4.08 EXT.P6- COPY OF JUDGMENT DATED 22.5.08 IN W.P.(C).15108/08 OF THIS HONOURABLE COURT EXT.P7- COPY OF G.O.(Rt)NO.623/08/ID DATED 23.6.08 ISSUED BY THE 1ST RESPONDENT EXT.P8- COPY OF THE SPECIAL RULES PUBLISHED IN THE KERALA GAZETTE DATED 17.9.08 EXT.P9- COPY OF THE REPRESENTATION DATED 17.10.08 TO THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER EXT.P10- TRUE COPY OF ORDER DATED 29.1.09 IN W.P.(C).3133/09 OF THIS HONOURABLE COURT EXT.P11- TRUE COPY OF G.O.(Rt)258/2009/ID DATED 24.2.09 ISSUED BY THE 1ST RESPONDENT EXT.P12- TRUE COPY OF G.O.(Rt).680/2009/ID DATED 6.6.09 ISSUED BY THE 1ST RESPONDENT EXT.P13- TRUE COPY OF G.O.(Rt).451/2009/ID DATED 2.4.09 ISSUED BY THE 1ST RESPONDENT EXT.P14- TRUE COPY OF G.O.(Rt).1068/2009/ID DATED 13.8.09 ISSUED BY THE 1ST RESPONDENT (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ....................... W.P.(C).20600/2008 ....................... Dated this the 10th day of March, 2010 JUDGMENT Petitioner joined the Industries Department in 1984 as an Analyst. By Ext.P1 order dated 29.4.1997, he was promoted as Technical Assistant (Chemical Testing). However his claim for promotion to the post of Assistant Director was not considered for the reason that the post of Technical Assistant (Chemical Testing) was not borne on the Special Rules. Complaining that he has been denied promotion, he approached this Court by filing W.P. (C).16108/08 and by Ext.P6 judgment, this Court directed the Government to consider the claim of the petitioner for promotion. 2. Accordingly, Government considered the matter and issued Ext.P7, stating that suitable modification will have to be made to the Special Rules viz, the Kerala Industries Service Special Rules, 1990. Subsequently by Ext.P8, revised Special Rules were published. But however, that also did not include the post of Technical Assistant (Chemical Testing). It was in these circumstances this writ petition was filed mainly challenging W.P.(C).20600/2008 2 Ext.P8 to the extent that the post of Technical Assistant (Chemical Testing) is not included in the Special Rules. 3. During the pendency of the writ petition, pursuant to the interim order dated 25.3.2009, by Ext.P12 order, petitioner has been promoted as Assistant Director (Rubber) and he is continuing in that post. Insofar as the anomaly pointed out by the petitioner is concerned, in paragraph 7 of the counter affidavit dated 5.3.2009 it is stated thus. “However action is being taken to include the post of Technical Assistant (Chemical Testing) as feeder category to the post of Assistant Director, in the Special Rules for Kerala Industries Service. In order to rectify the anomalies in Ext.P8, the same is deferred for a period of six months and restored the pre-revised status as per G.O.(MS). No.02/2009/10 dated 2.1.2009. However action is being taken to include the post of Technical Assistant (Chemical Testing) in the Special Rules as a feeder category to the post of Assistant Director.” W.P.(C).20600/2008 3 4. Therefore, the respondents have also accepted that the Special Rules need rectification and as they have taken action in that behalf, all that is needed in this writ petition is to direct the 1st respondent to finalize rectification process of the anomalies in Ext.P8, on an expeditious basis. This the 1st respondent shall do as expeditiously as possible, at any rate, within six months of production of a copy of this judgment. 5. Needless to say that based on the Special Rules so revised and depending upon the eligibility of the petitioner, his claim for further promotion will also be considered. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs