IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WA.No. 507 of 2010 -------------------- AGAINST THE ORDER IN WPC.35375/2009 Dated 19/01/2010 .................... APPELLANT: PETITIONER ------------------------ JOSHY JOSEPH K., WELFARE ORGANIZER, ZILA SAINIK WELFARE OFFICE, BALAN K.NAIR ROAD, KOZHIKODE-1. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL ADMINISTRATION (SAINIK WELFARE) KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF SAINIK WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. LOWER DEPARTMENTAL PROMOTION COMMITTEE (FOR PROMOTION TO THE POST OF ASSISTANT ZILLA SAINIK WELFARE OFFICER/ASSISTANT DIRECTOR, DIRECTORATE OF SAINIK WELFARE) REP. BY ITS CONVENER, DIRECTORATE OF SAINIK WELFARE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.T.B.REMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.507/2010 ------------------------------ Dated this, the 19th day of March, 2010 JUDGMENT Balakrishnan Nair, J. After hearing the Writ Appeal for some time, the learned counsel for the appellant prayed for permission to withdraw the Writ Petition itself, so that the appellant can move the Government claiming that the vacancies which arose before the amendment to the Special Rules made on 5.1.2010 should be filled up in accordance with the Rules then in force. If that liberty is given, he can also raise the contention that the Government have not passed any order, taking a conscious decision not to fill up the existing vacancies, pending amendment to the Rules. The above prayer of the appellant is allowed. The judgment under under appeal is set aside and WA No.507/2010 - 2 - the Writ Petition is dismissed as withdrawn. The Writ Appeal is disposed of as above. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.