IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11485 of 2009(E) -------------------------- PETITIONER(S): --------------- R. CHANDRAN PILLAI, RESEARCH OFFICER, DEPARTMENT OF ARCHAEOLOGY, KOIKKAL PALACE, NEDUMANGAD. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CULTURAL AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ARCHAEOLOGY, DIRECTORATE OF ARCHAEOLOGY, SREEPADAM PALACE, FORT.P.O, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11485/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of April, 2009 J U D G M E N T The petitioner is presently working as Research Officer in the Department of Archeology. The service particulars of the petitioner show that he was initially appointed as a Lower Division Clerk on 29/07/1981. He is having the qualification of M.A (History), M.A.(Malayalam) and Diploma in Journalism, P.G Diploma in Public Relations, short term course in Archeology and training in Epigraphy. 2. Ext.P5 is a report forwarded by the second respondent to the Government wherein it is clearly mentioned that the petitioner is eligible for promotion as Field Assistant (Folk Lore) from 10/1996. It is further pointed out therein that the Review Committee at that point of time did not clearly consider the matter and the same is a defect on their part. Accordingly, the Director has recommended that the petitioner can be given retrospective promotion in accordance with the Special Rules. 3. The petitioner has also filed Ext.P6 representation seeking for appropriate orders in the matter. The circumstances pointed out in Ext.P5 are clearly in favour of the petitioner. W.P.(C) No.11485/2009 -:2:- 4. Since Ext.P6 is presently pending before the Government, there will be a direction to the first respondent to pass orders on Ext.P6 in the light of the recommendation made in Ext.P5 within a period of three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms