IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 37435 of 2009(Y) ---------------------------------- PETITIONER(S): ------------------- PEENA A.POOVATHUNKAL, PEON, DISTRICT INFORMATION OFFICE, THRISSUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, INFORMATION AND PUBLIC RELATIONS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, INFORMATION AND PUBLIC RELATIONS DEPARTMENT, THIRUVANANTHAPURAM. 4. THE DISTRICT INFORMATION OFFICER, INFORMATION OFFICER, THRISSUR. R1 TO R4 BY GOVT.PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ S.SIRI JAGAN, J. ------------------------------------- W.P.(C) No.37435 OF 2009 ------------------------------------ Dated this the 12th day of October, 2010 JUDGMENT The petitioner is a last grade employee working in the District Information Office of the Government at Thrissur. As per rules applicable to last grade employees, they are eligible for promotion only to the post of Clerical Attender. There is no provision for 'by transfer appointment' to other higher posts, if they are qualified for such appointment. According to the petitioner, the petitioner has the qualifications of B.Sc and B,Ed and also Post Graduate Diploma in Journalism and Mass Communication. The petitioner would submit that there are vacancies in the post of Assistant Information Officer, for appointment to which the petitioner is fully qualified. The rules do not contain any provision whereby qualified last grade employees can seek appointment by transfer to higher posts. Petitioner therefore seeks modification of the special rules so as to provide benefits to the qualified and eligible persons in service employees like the petitioner to seek appointment by transfer to higher posts. This Court by judgment in W.P.(C).No.37057 of 2008 directed Government to consider the claims of the petitioner. The W.P.(C) No.37435 OF 2009 2 Government has now as by Ext.P9 order rejected the claim. It is under the above circumstances the petitioner has filed this writ petition seeking following reliefs:- “I. declare that special rules of Public Relations Subordinate Service (published vide G.O.MS No.241/PD dated 26/07/1967) relating for the post of Assistant Information Officer is liable to be declared as illegal, ultravires and unconstitutional, since, the special rules to the post does not contemplate a provision for by transfer appointment from the qualified incumbents working in the lower post of the same department. II. call for the records leading to Ext.P9 and quash the same by issuing a writ of certiorari and further direct the 1st and 2nd respondents to pass fresh order amending special rules relating to Public Relations Subordinate Service for the post of Assistant Information Officer. III. Issue appropriate writ, order or direction to the 3rd and 4th respondents to consider the claim of the petitioner for appointment as assistant Information Officer on provisional basis, untrammeled by Ext.P4 decision and appoint the petitioner to the said post, if the petitioner otherwise qualified to hold the post. IV.Grant the petitioner such other and further reliefs which this Hon'ble Court deems just and fit in the circumstance of the case. 2. I have heard counsel for petitioner and learned Government Pleader. Essentially the claim of the petitioner is to direct the Government to amend the special rules to make provision for appointment by transfer. I do not think that this Court can direct such framing of rules, which is within the policy decision of the Government. In the above circumstances, I do not find any merit W.P.(C) No.37435 OF 2009 3 in this Writ Petition. Accordingly the same is dismissed. S.SIRI JAGAN, JUDGE. mns