IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 36084 of 2009(E) -------------------------- PETITIONER(S): --------------- P.JOHN, SHOW ROOM MANAGER, KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD, REGIONAL OFFICE, TRIVANDRUM. BY ADV. SRI.C.S.RAMANATHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, INDUSTRIES (C) DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., REP.BY MANAGING DIRECTOR, KANNUR-670001. 3. CHAIRMAN, KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., KANNUR-670001. 4. MANAGING DIRECTOR, KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., KANNUR-670001. R1 BY GOVERNMENT PLEADER MR. SANDESH RAJ STANDING COUNSEL SRI.E.K.NANDAKUMAR FOR R2 & 4 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 & 4 SRI.K.JOHN MATHAI FOR R2 & 4 SRI.P.BENNY THOMAS FOR R2 & 4 SRI.P.GOPINATH FOR R2 & 4 SRI.V.J.ANAND FOR R2 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36084 of 2009(E) APPENDIX PETITIONERS EXHIBITS: Ext.P1: COPY OF THE RELEVANT PAGES OF THE RECRUITMENT RULE. Ext.P2: THE RELEVANT PORTION OF THE GRADATION LIST OF SHOW ROOM MANAGER Ext.P3: THE COPY OF THE JUDGMENT DATED 2.7.2008 IN WPC.17784/08 Ext.P4: COPY OF THE REPRESENTATION DATED 20.8.2009 Ext.P5: COPY OF THE JUDGMENT DATED 22.9.2009 IN WPC.24680/09 Ext.P6: COPY OF THE JUDGMENT DATED 30.11.2009 IN WPC.5049/2009 Ext.P7: COPY OF THE LETTER DATED 5.12.2009 ISSUED BY THE KSHDC. /True copy/ P.A. To Judge sou. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 36084 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2010 J U D G M E N T The petitioner is presently working as Manager (Administration) on the strength of the order dated 24.2.2010, under the Kerala State Handloom Development Corporation Limited. As per the said order, the petitioner was, in fact, given only a provisional promotion to the said post taking into account the fact that he is due to retire from service on 31.5.2010. On being aggrieved by the delay in the matter of consideration of his claim for promotion to the post of Assistant Regional Manager, under the second respondent despite the existence of vacancy in the said post, he has filed this writ petition. It is contended that the availability of vacancy for considering the claim of the petitioner is evident from Ext.P7 According to the petitioner, he is fully qualified for being considered for promotion to the post of Assistant Regional Manager and therefore in the light of Ext.P7, the claim of the petitioner for promotion should have been considered by the respondents. Any further delay in the WPC.36084/2009 : 2 : matter would prejudicially affect him and in fact, he is going to retire on superannuation on 31.5.2010. At the time of filing this writ petition, the petitioner was working as Showroom Manager and the aforesaid order dated 24.2.2010 granting provisional promotion to the post of Manager(Administration) was issued during the pendency of this writ petition. 2. When this writ petition is taken up today, the learned counsel appearing for the petitioner confined the prayer to one for a direction to the second respondent to consider the claim of the petitioner for promotion to the post of Assistant Regional Manager with retrospective effect in the light of Ext.P7. The learned counsel appearing for the second respondent fairly submits that the claim of the petitioner will be considered by the competent authority in accordance with law, in case, the petitioner prefers a representation to that effect. 3. In these circumstances, this writ petition is disposed of as follows:- The petitioner may file a representation raising his claims and contentions for appointment to the post of WPC.36084/2009 : 3 : Assistant Regional Manager with retrospective effect, within two weeks from the date of receipt of a copy of this judgment. In case, such a representation is received the second respondent shall consider and pass orders thereon expeditiously, at any rate, within a period of one month thereafter. This writ petition is accordingly disposed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge