IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 OP.No. 20199 of 1996(D) ----------------------- PETITIONER: ------------ C.DHARMARAJAN, PINACODE HOUSE, NEAR HOLY TRINITY SCHOOL, SREEKARYAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.ASHOK SHENOY RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES & COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI K.SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/02/2008, ALONG WITH OP NO.2161 OF 1997,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.36299/96 IN OP.NO.20199/96 //DISMISSED// 07.02.2008 SD/= P.N.RAVINDRAN, JUDGE. P.N.RAVINDRAN, J. ---------------------------------------- O.P.No.20199/96 & O.P.No.2161/97 ------------------------------------------------ DATED THIS THE 7TH DAY OF FEBRUARY, 2008 J U D G M E N T The petitioners herein are Engineering graduates who were directly recruited as Technical Supervisors in the Department of Industries and Commerce during the year 1988. Their grievance is that till date in the special rules framed by the State Government in respect of the posts borne in the Kerala Industries Subordinate Service and the Kerala Industries Service, post of Technical Supervisor is jot included. The petitioners allege that notwithstanding their representations and the recommendations of the Director of Industries and Commerce, the post of Technical Supervisor was not included in the Special Rules for the Kerala Industries Service, 1990. Later, the post of Technical Supervisor was re-designated by an executive order as Technical Officer. These original Petitions were filed in the year 1996 and 1997 respectively complaining about the non-inclusion of the post of Technical Supervisor (re-designated as Technical Officer) in the Special Rules for the Kerala Industries Service, 1990. The O.P.No.20199/96& O.P.No.2161/97 2 petitioners in O.P.No.2161/97, have sought the following reliefs. (a) to direct the 1st respondent to make suitable amendments in the Special Rules called the Kerala Industries Service Special Rules 1990 keeping the post of Technical Supervisor as an independent category and to put them in the feeder category for promotion to the post of Assistant Director of Industries and Commerce directly. (b) to issue a writ of mandamus or other appropriate writ, direction or order directing the first respondent to make suitable amendments the Special Rules called the Kerala Industries Service Special Rules 1990 by taking out the post of Technical Supervisor from the present feeder category for promotion to the post of Asst.District Industries Officer and directly put the post of Technical Supervisor in the feeder category of ADIO. © to declare that the post of Technical Supervisor is to be treated on a par with that of Superintendent Cluster Type Training Centre and Technical Assistant Foundry Service Centre for the purpose of promotion to the post of ADIO. (d) to direct the respondents to consider and make suitable amendments in the Special Rules called the Kerala Industries Service Special Rules 1990 in conformity with the suggestions made in Exhibits P2 and P3 by the petitioners herein. (e) to issue an interim direction to the respondents to promote the petitioners provisionally to the post of ADIO in the vacancies that may arise during the pendency of this Original Petition. O.P.No.20199/96& O.P.No.2161/97 3 2. The State Government has filed a counter affidavit wherein, inter alia, it is stated that there is a proposal to include the post of Technical Supervisor in the Special Rules for Kerala Industries Service and that the Director of Industries and Commerce has requested the State Government to incorporate the post of Technical Supervisor as one of the categories of posts in the Special Rules for Kerala Industries Service, 1990 and to bring it as one of the feeder categories for promotion to the post of Assistant Director by suitably amending the Special Rules for Kerala Industries Service, 1990. The counter affidavit also discloses that the Director of Industries and Commerce has also recommended deletion of the post of Technical Supervisor (redesignated as Technical Officer) from the draft Special Rules for the Kerala Industries Subordinate Service. The counter affidavit discloses that both these issues are pending consideration of the State Government. 3. When the case was heard today, the counsel on both sides submitted that no decision has yet been taken to amend the Special Rules for the Kerala Industries Service, 1990 in the O.P.No.20199/96& O.P.No.2161/97 4 manner suggested in the counter affidavit. It was submitted that in the Special Rules for the Kerala Industries Subordinate Service, 2001 issued by the State Government, the post of Technical Supervisor (redesignated as Technical Officer) has not been included in the category of posts in the Subordinate Service. The learned counsel appearing on either side also brought to my notice a judgment of this Court in W.P.(C)No.14917/05 filed by Technical Officers in the Industries Department wherein they had sought identical reliefs. This Court had in the judgment delivered on 4.1.2006 in the said writ petition recorded the submission made on behalf of the State Government in the counter affidavit filed in that case that: “The post of Technical Supervisor is proposed to be included in the revised Special Rules for KIS and in order to finalise this, urgent and time bound actions are being taken by the first respondent. It is further stated as follows: It is also submitted that the post of Technical Supervisor (since redesignated as Technical Officer) has been included in the draft Special Rules for KIS(revised) as feeder category to Assistant Director and the petitioner's grievances will be redressed, once the draft rules are O.P.No.20199/96& O.P.No.2161/97 5 approved by the Committee of Secretariats, KPSC, the Subject Committee and finally by Council of Ministers before being issued as a Government Order. The counter affidavit proceeds further as follows: The first respondent is fully aware of the averred Government Circular and the procedure prescribed therein and accordingly actions have already been initiated to comply with the time bound procedure prescribed therein. The draft Special Rules will be placed before the Committee as stipulated in para (iii) of the said circular, for which a date has already been fixed. Even if the draft Rules have been approved by the Committee and then it will have to be scrutinised and approved by the KPSC and the Subject Committee of the KLA.” 4. This Court had by the said judgment directed the State Government to facilitate grant of approval to the draft Special Rules in accordance with law and by taking whatever steps can be taken from the side of the Government without causing any undue delay. It is common ground that the directions therein have not yet been carried out or implemented and that Contempt of Court Case No.51/07 was filed by the petitioners in W.P.(C) No.14917/05 in this Court. The learned Government Pleader appearing for the respondents submitted that in compliance with O.P.No.20199/96& O.P.No.2161/97 6 the directions issued in the judgment dated 4.1.2006 in W.P.(C) No.14917/05 the State Government has issued G.O.(MS) No.88/07/ID dated 6.7.2007 wherein the Government has directed that in future, the post of Assistant District Industries Officer shall be included in the category for appointment to the post of Assistant Director of Industries and Commerce and that the post of Technical Officer has been equated to the post of Assistant District Industries Officer so as to enable their promotion to the higher post of Assistant Director of Industries and Commerce. Paragraph 5 of the G.O. dated 6.7.2007 reads: “5. Government further order that in future the post of Assistant District Industries Officer shall be the feeder category to the post of Assistant Director of Industries & Commerce Department. The Director of Industries & Commerce will prepare combined seniority list of Technical Officers and Assistant District Industries Officers on inter-se seniority with effect from 1.3.1997. In future the Technical Officers will join the Department as Assistant District Industries Officers.” The learned Government Pleader also submitted that the validity of G.O.(MS)No.88/07/ID dated 6.7.2007 is under challenge in O.P.No.20199/96& O.P.No.2161/97 7 W.P.(C)Nos.29149/07 and 31047/07 and that the said Writ Petitions are pending. 5. After hearing the learned counsel appearing on either side, I am of the opinion that in view of the judgment of this Court in W.P.(C)No.14917/05 no further orders are called for. If the petitioners are aggrieved by the stand taken by the Government in G.O.(MS)No.88/07/ID dated 6.7.2007, they may work out their remedies in other appropriate proceedings. It will also be open to the petitioners to defend the said government order, by intervening in W.P.(C)No.29149/07 and W.P.(C) No.31047/07, where it is under challenge. For the reasons stated above, I close the Original Petitions as infructuous leaving open the petitioners' contentions to be raised in other appropriate proceedings. P.N.RAVINDRAN, JUDGE. dsn O.P.No.20199/96& O.P.No.2161/97 8 P.N.RAVINDRAN,J. ----------------------- O.P.No.20199/96& O.P.No.2161/97 J U D G M E N T 07.02.2008