IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34435 of 2008(Y) -------------------------- PETITIONER(S): ----------------- P.N.RICHARD, TRADE INSTRUCTOR SENIOR GRADE, TECHNICAL HIGH SCHOOL, NEDUMANGAD. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 34435 OF 2008 (Y) ==================== Dated this the 21th day of November, 2008 J U D G M E N T Petitioner is presently a Senior Grade Trade Instructor in the Technical Education Department, aspiring to be promoted to the post of Workshop Foreman. It is stated that Ext.P2 is the special rule, which has been clarified by Ext.P3 and that in terms thereof, petitioner falls within one of the feeder categories to the post. 2. It is contended that overlooking the provisions of the Special Rules, promotions were being made from other feeder categories and that led to one of the Trade Instructors to approach this court by filing OP NO.8417/93. That OP was disposed of by Ext.P4 judgment, recognising the claim of the petitioner therein for promotion. According to the petitioner, though in implementation of the judgment, promotion was granted to the petitioner in that writ petition, claim of others have again been ignored and that thereupon representations were made, but however without any result. 3. It is stated that thereafter, though 20 persons were promoted to the post of Workshop Foreman, none was promoted from the category of Trade Instructor. It is in this circumstances, petitioner has filed this writ WPC 34435/08 :2 : petition praying that his candidature should be considered for the post of Workshop Foreman. 4. If as stated by the petitioner, post is to be filled up in terms of Ext.P2 Special Rules, necessarily all in the feeder categories are eligible to be considered, subject to the Special Rules. Therefore, all that needs to be clarified in this writ petition is that while effecting promotion to the post of Workshop Foreman, such promotion shall be made in terms of Ext.P2 from among the categories who are eligible for the same. 5. Petitioner submits that by Ext.P6, he has also represented to the 2nd respondent for fixation of seniority. If as stated by the petitioner, Ext.P6 has been received, the 2nd respondent shall consider the issue of fixation of seniority of the petitioner and an appropriate decision in this matter shall be taken, as expeditiously as possible, at any rate within 6 weeks of receipt of a copy of this judgment. 6. With the above directions, the writ petition is disposed of. Petitioner may produce a copy of this judgment before the respondents for compliance. ANTONY DOMINIC, JUDGE Rp