IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 11974 of 2004(A) -------------------------- PETITIONER(S): --------------- S.VENUGOPAL, B.NO.1371, MATERIALS OFFICER, HINDUSTAN INSECTICIDES LTD., UDYOGAMANDAL, ERNAKULAM. BY ADVS. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): --------------- 1. HINDUSTAN INSECTICIDES LTD., REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR SCOPE COMPLEX, CORE-6, 2ND FLOOR, 7, LODI ROAD, NEW DELHI. 2. THE DEPUTY GENERAL MANAGER, P&A, HINDUSTAN INSECTICIDES LTD., DO. DO. 3. THE DEPUTY GENERAL MANAGER, HINDUSTAN INSECTICIDES LTD., UDYOGAMANDAL, ERNAKULAM. ADVS. SRI.ANTONY DOMINIC SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 11974/2004 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE MEMORANDUM NO. PE-1/719 DATED 13.12.2002 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 : TRUE COPY OF THE STATEMENT SHOWING THE HIERARCHY OF POSTS IN THE COMMERCIAL DEPT., THE SCALE OF PAY AND QUALIFICATION AND METHOD OF APPOINTMENT IN HIL. EXHIBIT P3 : TRUE COPY OF THE NOTIFICATION NO. E. IV. 6 DATED 31.12.2003 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 : TRUE COPY OF THE APPLICATION & BIO-DATE DATED 10.1.2004 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM NO. E.II. 29 DATED 6.2.1992 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE MEMORANDUM NO. PE.3/241 DATED 29/30-3-1999 ISSUED BY THE CHIEF GENL. MANAGER HIL UDOYOGAMANDAL. EXHIBIT P7 : TRUE COPY OF THE MEMORANDUM NO. PE-3/220 DATED 27.11.2001 ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.11974 of 2004 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T Petitioner approached this court with certain grievances regarding the promotion to the post of Deputy Commercial Manager. In the order of this court dated 5.4.2004, it was made clear that the post of Deputy Commercial Manager as notified by Ext.P3 may not be filled up by open market candidates. Necessarily, the promotion will have to be given to in-service candidates. There is no counter affidavit yet. The writ petition is hence disposed of in terms of the interim order referred to above and directing the first respondent to take appropriate action in the light of the said order, as and when the first respondent takes a decision to fill up the post. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.11974 of 2004 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.