IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WA.No. 1870 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.19762/2009 Dated 14/07/2009 .................... APPELLANT(S): PETITIONER ------------------------ G.S.SURESH KUMAR, S/O.K.GANGADHARAN NAIR AGED 54 YEARS, OFFSET OPERATOR GRADE-1, GOVERNMENT PRESS,MANNANTHALA, THIRUVANANTHAPURAM-15. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION (H) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PRINTING, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.R.BINDHU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------- W.A.No.1870 of 2009 ---------------------------------------- Dated 25th March, 2010 JUDGMENT Balakrishnan Nair, J. The appellant is the writ petitioner. He is presently working as Off-set Operator Grade-I in Government Press, Mannanthala, Thiruvananthapuram. He claims promotion to the post of Senior Grade Off-set Operator in the vacancy which arose on 1.6.2008. 2. The post of Senior Grade Off-set Operator was created by Ext.P1. Since the Special Rules did not cover that post, promotions were being ordered according to seniority from among persons working in the immediate lower post of Off-set Operator Grade I, which is evident from Exts.P2 and P3. The appellant is the senior most Off-set Operator Grade I as on 1.6.2008. He claimed promotion to the vacancy of Senior Grade Off-set Operator which arose on 1.6.2008 by submitting Ext.P5 representation. It was followed by Ext.P6 representation before the Government. As per the directions of this Court, the Government considered Ext.P6 and rejected it by Ext.P10 communication dated 5.5.2009 on the ground that in view of the W.A.No.1870/2009 2 directions in Ext.P12 judgment dated 6.1.2009 he cannot be promoted. Challenging that order, the Writ Petition was filed. But, the learned Single Judge dismissed the Writ Petition in- limine. Hence, this Writ Appeal. 3. We heard Sri.V.A.Muhammed, learned counsel for the appellant and Smt.R.Bindhu, learned Government Pleader for the official respondents. We notice that the post held by the appellant is the immediate lower post in the direct line and he is the senior most in that category. So, he is normally entitled to get promotion as Senior Grade Off-set Operator. Persons up to his immediate senior were promoted as and when vacancies arose. Therefore, there was no reason for not promoting him. Further, the vacancy arose on 1.6.2008. By that time, Ext.P12 judgment was not rendered. So, the said judgment cannot be pressed into service to deny the claim of the appellant. Apart from that, Ext.P12 only says, till Special Rules are finalised, promotions shall be made according to draft Special Rules. Even going by the draft Special Rules, Off-set Operator Grade I is included in the feeder category for promotion to the post of Senior Grade Off-set Operator. W.A.No.1870/2009 3 In view of the above position, the Writ Appeal is allowed. Ext.P10 is quashed. The second respondent is directed to promote the appellant provisionally, to the post of Senior Grade Off-set Operator provided, he is otherwise qualified and no supervening disqualification has come into existence like disciplinary action, in the meantime. Since the appellant is retiring on 31.3.2010, the second respondent shall take expeditious steps to promote the appellant on receipt of a copy of this judgment. If found eligible, he shall be given promotion with retrospective effect from 1.6.2008, with all consequential benefits permissible as per law. K.BALAKRISHNAN NAIR Judge P.N.RAVINDRAN Judge TKS