IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 3743 of 2008(U) ------------------------- PETITIONER: ------------ UDAYA KUMAR P., AGED 47 YEARS, S/O. P. KRISHNA KANT, JUNIOR SUPERINTENDENT, SUB TREASURY, KASARGOD, KASARGOD TALUK-671 121. BY ADV. SRI.P.R.VENKETESH RESPONDENTS: ------------- 1. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TREASURIES, DIRECTORATE OF TREASURIES, POWER HOUSE ROAD, THIRUVANANTHAPURAM. 3. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY, CIVIL STATION, VIDYANAGAR, KASARGOD-671 123. 4. THE DISTRICT COLLECTOR, CIVIL STATION, VIDYANAGAR, KASARGOD-671 123. BY GOVT. PLEADER SRI. MANOJ KUMAR.N. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. W.P.(C)NO. 3743 of2008. DATED THIS THE 8th DAY OF FEBRUARY 2008 JUDGMENT The petitioner is a Junior Superintendent in the Sub Treasury Office, Kasaragod. He claims that he is entitled to be promoted and posted as Sub Treasury Officer in the vacancy arising at Manjeswaram or Kasaragod Sub Treasury office, he being one belonging to linguistic minority and as Kasaragod District is declared as a minority linguistic area. 2. On instruction, the learned Government Pleader submits that this is a matter which has to engage the attention of the Government and the Government will take a decision whether promotions will have to be made from among the person belonging to the linguistic minority and that it is for the Government to decide whether the post is to be filled up by a person having knowledge of the language. According to the learned Government Pleader, WPC.3743/2008 -2- the Government will take a decision on that issue based on the report of the Director of Treasury. 3. If that be so, as at present in the absence of a policy decision of the Government, the petitioner cannot claim that he should be promoted to the vacancy of Sub Treasury officer as claimed in this writ petition. In my view, the petitioner will have to wait for the Government to decide first and it is only thereafter that he can stake a claim, if at all he is entitled. 4. In view of this, recording the submission of the learned Government Pleader that the decision will be taken, I close this writ petition. 5. By filing I.A.2040/2008, though the petitioner sought an order directing the respondents to refrain from filling up the post of Sub Treasury officer at Kasaragod until the disposal of Exts.P5,P8 and P9 representations, I am not inclined to grant the relief sought for. This is primarily for the reason that a policy decision of the Government is yet WPC.3743/2008 -3- to be taken. Until that is not done, it may create administrative problems for the Government to leave the post of Sub Treasury officer vacant. ANTONY DOMINIC, JUDGE ks. K.R.UDAYABHANU,J. =================== CRL.A.NO. OF 200 JUDGMENT DATE: ......2006 =====================