IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 17784 of 2008(P) ------------------------------------- PETITIONER : ------------------ K.CHANDRAN, MANAGER (ADMINISTRATION) KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LIMITED, KANNUR. BY ADV. SRI.P.M.PAREETH RESPONDENTS : ---------------------- 1. KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, KANNUR 670001. 2. MANAGING DIRECTOR, KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LIMITED KANNUR 670001. 3. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. CHAIRMAN, KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LIMITED, KANNUR 670001. BY ADV. SRI.E.K.NANDAKUMAR - R1 & 2 SRI.A.K.JAYASANKAR NAMBIAR - R1 & 2 SRI.K.JOHN MATHAI - R1 & 2 SRI.P.BENNY THOMAS - R1 & 2 SRI.ANIL D. NAIR - R1 & 2 GOVERNMENT PLEADER SMT.M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 17784 of 2008 -------------------------- Dated this the 2nd July, 2008 J U D G M E N T Petitioner, who is working as Manager (Administration) in the 1st respondent Corporation, aspires for promotion as Regional manager. He is qualified to be promoted as Regional Manager as per the existing Rules- Exhibit P1 and this fact is not controverted by the respondents as well. Petitioner had been eligible for promotion to the post of Regional Manager on 2.6.2001 on completion of 7 years experience in the post of Manager (Administration). Petitioner’s grievance is that his seniors have been promoted but since 2005 onwards the vacancy in the post of Regional Manager has not been filled up by regular promotion. Petitioner is due to retire on 31.8.2008. 2. Respondents in the counter affidavit have taken up the stand that Exhibit P1 Rules are proposed to be amended and the Amended Special Rules have been W.P ( C) No. 17784 of 2008 2 forwarded to the Government in 2006 for approval. Approval is yet to be received. Hence the corporation has not been effecting any promotion as such. It may not be justified on the part of this Court to direct the Government to necessarily approve the proposal for Amendment of Special Rules. But pending amendment of the Rules, the Corporation would be bound to act only as per the rules as it now exists. Petitioner is eligible in terms of Rules which are currently prevailing and in force. Taking note of the fact that petitioner is due to retire on 31.8.2008, I am of the view that the respondents may consider the claim of the petitioner as a special case for promotion to the post of Regional Manager expeditiously. Having heard the learned counsel on both sides, the writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders on the petitioner’s claim for promotion as Regional Manager, as per the rules currently prevailing and in force, within a period of two weeks from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 17784 of 2008 3 W.P ( C) No. 17784 of 2008 4