IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH DECEMBER 2007 / 23RD AGRAHAYANA 1929 WP(C).No. 37002 of 2007(E) -------------------------- PETITIONER: ------------ VISHNU NAMBOODIRI A,INDUSTRIES EXTENSION OFFICER,TALUK INDUSTRIES OFFICE, KOZHIKODE-1. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,INDUSTRIES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN,THIRUVANANTHAPRUAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).37002/2007 -------------------- Dated this the 14th day of December, 2007 JUDGMENT Petitioner is working as Industries Extension Officer in the Department of Industries. According to him, he is entitled to be promoted to the post of Technical Officer. He refers to the fact that with effect from the amendment of the Special Rules as per Ext.P6 order dated 17.2.2001, which is given retrospective effect from 1983, all the 14 posts, which are mentioned as feeder category in the post of Technical Officer, stand abolished. But Special Rules for the State service have not been amended as to include the post of Technical Officer therein. According to the petitioner, nevertheless by executive orders, Government has promoted Industries Extension Officers as Technical Officers on provisional basis. Reference is made to Ext.P7. Petitioner has approached the Government vide Ext.P9 representation. 2. In my view, on abolition of the posts which were included in the feeder category for promotion to the post W.P.(C).37002/2007 2 of Technical Officer and in the absence of provision for the same in the Special Rules for the State Service, there is lacunae which has to be addressed by the Government. 3. After hearing the learned Government Pleader also, writ petition is disposed of directing the first respondent to consider Ext.P9 in the light of the observations made above and take appropriate decision thereon within a period of two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs W.P.(C).37002/2007 3