IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 19181 of 2011(W) -------------------------- PETITIONER: --------------- P.K.KISHOR , S/O.KRISHNAN, AGED 31 YEARS S/O.KRISHNAN, AGED 31 YEARS,PEON, OFFICE OF THE ASSISTANT DIRECTOR OF PANCHAYATHS ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.V.K.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM 695 001. 3. THE DEPUTY DIRECTOR OF PANCHAYATHS ERNAKULAM AT KAKKANAD 682 030. 4. THE ASSISTANT DIRECTOR OF PANCHAYATHS ERNAKULAM AT KAKKANAD 682 030. BY GOVT.PLEADER SMT.SMITHA BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.19181/2011 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF CERTIFICATE OF THE PETITIONER DT.6.4.2000. EXT.P2: TRUE COPY OF ORDER NO.6226/10 OF THE 4TH RESPONDENT DT.5.5.10. EXT.P3: TRUE COPY OF PANCHAYAT SUBORDINATE SERVICE RULES . EXT.P4: TRUE COPY OF NOTIFICATION (CATEGORY NO.58/11)DT.1.6.11. EXT.P5: TRUE COPY OF REQUEST OF THE PETITIONER DT.30.4.10.. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.19181 Of 2011 -------------------------------------------------- DATED THIS THE 14TH DAY OF JULY, 2011 J U D G M E N T The petitioner is working as Peon in the Office of the Assistant Director of Panchayats at Ernakulam. He joined as a peon on 29.12.2006 and the probation has been declared by order dt.29.12.2008. The petitioner is also having the qualification, namely certificate in Library and Information Science. According to the petitioner, he is the one and only in-service candidate who has acquired the above qualification for getting promotion as Librarian Grade IV in Panchayats. 2. Exhibit P2 is the letter sent by the 4th respondent forwarding the application submitted by the petitioner through proper channel on 30.4.2010, to the 3rd respondent, seeking such appointment. 3. It is pointed out that on 1.4.2011, a retirement vacancy has arisen in Kadamakudy Grama Panchayat due to the retirement of one Librarian Grade IV and Exhibit P5 is the further application submitted before the 2nd respondent. W.P.(C)No.19181/11 -2- 4. It is upto the 3rd respondent to consider the claim of the petitioner in accordance with the Rules. There will be a direction to the 3rd respondent to consider the claim of the petitioner in accordance with law and communicate the decision to the petitioner, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a certified copy of this judgment to the 3rd respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn