IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 20853 of 2009(B) -------------------------- PETITIONER: --------------- K.E.JEEVARAJAN, AGED 52 YEARS, S/O.NARAYANA PODUVAL ASSISTANT DIRECTOR OF FISHERIES, WAYANAD, RESIDING AT `KARINIKAR', EAST OF MUNSIFF COURT, PAYYANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT: --------------- DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 20853 OF 2009 -------------------------- Dated this the 12th day of August, 2009 J U D G M E N T Heard Sri. M.V. Amaresan, the learned counsel appearing for the petitioner and Sri. P.Nandakumar, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner entered service as Sub Inspector of Fisheries in the year 1989. He was later promoted to the category of Technical Assistant. Later, by Ext.P1 order dated 30.12.2006 petitioner was promoted and posted as Assistant Director of Fisheries, Kasaragod, against an existing vacancy. The petitioner’s grievance is that though he has completed the period of probation, namely one year on duty with a continuous period of two years, his probation in the category of Assistant Director of Fisheries has not so far been declared. The petitioner submits that though his request in that regard made to the Director of Fisheries in Ext.P3 representation dated 19.2.2008 was forwarded by the Deputy Director of Fisheries, till date it has not been considered or orders passed In this writ petition, the petitioner seeks a writ in the nature of mandamus directing the Director of Fisheries, to declare his probation in the category of Assistant Director of Fisheries, as requested in Ext.P3. 3. The learned Government Pleader appearing for the respondents on instructions submits that the petitioner’s probation in the category of W.P.(C) No. 20853/09 2 Assistant Director of Fisheries has not so far been declared. He submits that the question whether the petitioner is entitled to have his probation declared as claimed by him is primarily a matter for the Government, the appointing authority, to decide. Ext.P3 representation is not one addressed to the Government. It is the one addressed to the Director of Fisheries, who is a subordinate authority. Therefore, this Court cannot direct the Director of Fisheries to pass orders on Ext.P3 and take a decision in the matter. It is for the petitioner to move the Government seeking redressal of his grievances. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Fisheries and Ports Department, within one month from today, the Government shall consider the same and pass orders thereon expeditiously, in any event, within three months from the date on which the representation is received by the Government. The Government shall after orders are passed as directed above, communicate a copy thereof to the petitioner. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 20853/09 3