IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 13291 of 2009(F) -------------------------------------- PETITIONER: ------------------- P.K.LAL, ADDITIONAL DIRECTOR OF INFORMATION AND PUBLIC RELATIONS, PUBLIC RELATIONS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.A.N.KUTTAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. M.NANDAKUMAR, I.A.S, DEPUTY COLLECTOR, OFFICE OF THE TODDY WORKERS' WELFARE FUND BOARD, THIRUVANANTHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13291/2009-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: ORDER DTD. 16/10/2008 ISSUED BY THE R.2. EXT.P.2: SPECIAL RULES DTD. 09/04/2002. EXT.P.3: JUDGMENT IN O.P. NO. 4098/1992 DT. 13/01/1993. EXT.P.4: ORDER DTD. 28/04/2009 ISSUED BY THE R.2. EXT.P.5: REPRESENTATION OF THE PETITIONER DT. 27/04/2009. EXT.P.6: ORDER DTD. 05/03/2005 ISSUED BY THE R.2. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE GOVT. OF INDIA NOTIFICATION NO. 11031/1/98-AIS (II)-B DT. 10/06/99. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13291 of 2009 (F) --------------------------------- Dated, this the 8th day of June, 2010 J U D G M E N T The petitioner is an Additional Director of Information and Public Relations aspiring promotion to the post of Director of Public Relations. Vacancy in the cadre of Director of Public Relations arose on 15/10/2008. Though additional charge was entrusted to the petitioner and he submitted representations for regular appointment, by Ext.P4 order, the 3rd respondent, an IAS Officer, was appointed as the Director of Public Relations. It is this order which is under challenge. 2. The learned counsel for the petitioner submits that Ext.P2 is the Special Rules for the Kerala Public Relations Service and that the post of Director of Public Relations is included therein at category No.1, and has to be filled up following the method of appointment specified in the Special Rules. It is stated that in such circumstances, introduction of an I.A.S. Officer, applying Rule 37 of the KS & SSR is impermissible. He also relied on Ext.P3 judgment of WP(C) No.13291/2009 -2- this Court in O.P.No.4098/1992 in support of this contention. 3. In my view, the contentions raised by the petitioner are without any substance. Going by the counter affidavit filed, the post of Director of Public Relations is a cadre post to be filled up from among I.A.S. officers only. Respondents have produced Ext.R1(a) notification issued by the Government of India exercising its powers under Section 3 (1) of the All India Services Act, 1951, which shows that the post of Director of Public Relations is a cadre post. 4. The provisions of the Indian Administrative Service (Cadre) Rules, 1954 (hereinafter referred as the Rules for short) may be referred to in this context. Rule 3 thereof provides that for each State or Group of States an Indian Administrative Service Cadre shall be constituted. Rule 2(a) defines cadre officer as a member of the Indian Administrative Service. Rule 5 provides for allocation of members to various cadres, which shall be made by the Central Government in consultation with the State Government concerned. As per Rule 7, all appointments to the cadre posts shall be made, in the case of a State Cadre, by the State Government; and as per Rule 8, Cadre posts are to be filled up by cadre officers only. Rule 9 WP(C) No.13291/2009 -3- provides for temporary appointment of non-cadre officers to cadre post in the circumstances mentioned therein. 5. Evidently, Ext.R1(a) reveals that the post of Director of Public Relations is a cadre post. If that be so, going by the aforesaid provisions of the Rules referred to above posting to cadre posts can be made only by posting I.A.S. Officers. This precisely is what has been done by Ext.P4. Therefore, so long as Ext.R1(a), which is not under challenge in this writ petition, governs the field, Ext.P4 order appointing the 3rd respondent as the Director of Public Relations is unassailable. This issue was not considered in Ext.P3 judgment relied on by the petitioner. Therefore, the judgment is of no assistance to the petitioner. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg