IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 15170 of 2008(E) -------------------------- PETITIONER: ------------ 1. P. SASIDHARAN, UDC, KSBC FL 1 SHOP NO.321 (ERSTWHILE SHOP NO.08020), AMBALLUR, PALIYEKKARA,THRISSUR-680301. 2. P.S. MANSOOR, UDC, KSBC FL 1 SHOP NO.356(ERSTWHILE SHOP NO.08012), KESAVAPPADY, OLLUR,THRISSUR-680306. 3. M.K. THILAKAN, UDC,KSBC FL 1 SHOP NO.161(ERSTWHILE SHOP NO.08015) CHOVALLURPPADY, GURUVAYOOR, THRISSUR-680104. 4. V.C. JAYACHANDRAN, UDC,KSBC FL 1 SHOP NO.149(ERSTWHILE SHOP NO.08003) PERINGAVU, THRISSUR-680018. 5. R. SAJEEV, UDC, KSBC WAREHOUSE, THRISSUR-680001. 6. P.P. VENU, UDC, KSBC WAREHOUSE, PETTAH, TRIPUNITHURA, ERNAKULAM-682038. 7. K.S. SIVADASAN, UDC, KSBC WAREHOUSE, THRISSUR-680001. 8. M.K. AJITH, UDC, KSBC WAREHOUSE, CHALAKKUDY-680307. 9. M.B.V.V.DEV, UDC,KSBC FL 1 SHOP NO.348(ERSTWHILE SHOP NO.08014) KAIPARAMBU, THRISSUR-680 546. 10. V.A. THULASEEDHARAN, UDC, KSBC WAREHOUSE, PETTAH, TRIPUNITHURA, ERNAKULAM-682038. WP(C).No. 15170 of 2008 -2- 11. V.G. RAMADAS, UDC,KSBC FL 1 SHOP NO.323(ERSTWHILE SHOP NO.08029) TRIPRAYAR, THRISSUR-680566. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. MANAGING DIRECTOR KERALA STATE BEVERAGES CORPORATION LTD., THIRUVANANTHAPURAM-695 010. 3. PUBLIC SERVICE COMMISSION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.ELVIN PETER P.J. FOR R2 GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).15170/2008 -------------------- Dated this the 25th day of June, 2008 JUDGMENT Petitioners are working in the Kerala State Beverages Corporation as U.D.Clerks. They are aggrieved by the absence of a channel of promotion for U.D.Clerks. According to them, without providing for the same, KSBC is still receiving persons on deputation from other Departments. They have approached the second respondent with Ext.P1 representation. 2. A statement has been filed by the Corporation. Paragraph 13 and 14 of the said statement reads as follows:- Further the request of the petitioners is to prevent the posting of employees on deputation basis in the Corporation from other Departments/Public Sector Undertakings to hold the posts of Assistant Grade-II, Shop-in-charge, Shop Assistants cannot be considered as it will lead to W.P.(C).15170/2008 2 breakdown of functioning of various outlets in KSBC particularly in the absence of required number of regular hands. As the Government has not created adequate number of posts to man the FL-1 shops, the petitioners are also posted in FL-1 outlets as SIC and SA. The Corporation is taking steps to formulate a staff pattern for each and every unit of the Corporation. Once such staff pattern is approved by the Government, all the present misunderstanding of the petitioners (that the deputationists are getting promotions as Assistant Grade-II etc.) will vanish from their mind. 3. Petitioners are correct when they contend that there should be a channel of promotion for U.D.Clerks and absence of channel of promotion by itself should not result in persons being received on deputation from outside. This aspect requires consideration. 4. Accordingly, writ petition is disposed of directing the second respondent to pass orders on Ext.P1 with W.P.(C).15170/2008 3 specific reference to the contentions taken up by the petitioners. This shall be done within three months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs