IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 33350 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------ 1. SUJITHKUMAR, PEON, GENERAL ADMINISTRATION DEPARTMENT (POLITICAL), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. ANILKUMAR.K, PEON, OFFICE OF THE SPECIAL SECRETARY, (GENERAL ADMINISTRATION DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. BY ADVS. SRI.K.KARTHIKEYA PANICKER, SMT.DAYA K. PANICKER. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS (RULES) DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 3. THE SECRETARY, GOVERNMENT OF KERALA, DEPARTMENT OF GENERAL ADMINISTRATION, THIRUVANANTHAPURAM 695 001. R1 TO R3 BY GOVERNMENT PLEADER SRI. SHAIJ RAJ. T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33350/2011 P APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 TRUE COPY OF THE ORDER GO(MS) NO.31/06/GAD DATED 25.1.2006 OF THE PRINCIPAL SECRETARY TO THE GOVERNMENT. EXT.P-2 TRUE COPY OF THE NOTIFICATION G.O(P) 65/2011/GAD DATED 28.02.2011. EXT.P-3 TRUE COPY OF THE LETTER NO.33745/SA2/07/GAD, THIRUVANANTHAPURAM DATED 3.5.2007. EXT.P-4 TRUE COPY OF THE ORDER GO(MS)NO.21/2011/P&ARD DATED 01.07.2011. EXT.P-5 TRUE COPY OF THE ORDER GO(P) NO.33/2011/P&ARD DATED 21.11.2011. EXT.P-6 TRUE COPY OF THE REPRESENTATION DATED 03.12.2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.33350 of 2011 --------------------------------------------- Dated this the 14th day of December 2011 JUDGMENT The petitioners are last grade employees of the Government Secretariat. Their case is that, as per Ext.P1, 2% of the posts of Assistants are set apart and alloted for the promotion of last grade servants who are possessed of the necessary academic qualifications. However, they are aggrieved by Ext.P4 order dated 1.7.2011 by which the Government has modified the qualifications prescribed for last grade employees without amending the Special Rules and without making any provision for protecting the last grade employees of the Government Secretariat who have joined service prior to 1.7.2011. As per Ext.P5 order, relaxation of qualifications have been given to last grade servants with respect to notifications published by the Kerala Public Service Commission on or after 1.7.2011. The petitioners, being persons who were appointed prior to 1.7.2011, are aggrieved by Ext.P5 insofar the said order WPC No.33350 of 2011 2 does not give them the benefit of such relaxation. They have, therefore, submitted Ext.P6 representation to the first respondent, which is pending consideration before the said authority. They seek the issue of appropriate directions for the consideration of Ext.P6. 2. I have heard the learned Government Pleader also. In view of the fact that Ext.P6 is pending consideration of the first respondent, it is only appropriate that the said authority is directed to consider and take a decision on Ext.P6 expeditiously. 3. This writ petition is, in the above circumstances, disposed of directing the first respondent to consider the representation of the petitioner, evidenced herein by Ext.P6 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. SD/- K.SURENDRA MOHAN, JUDGE true copy css/ P.S.TO JUDGE