IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 22417 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------- 1. U.S.PRADEEP, S/O.SREEDHARAN NAIR K., PEON, NEDUMANGADU SUB OFFICE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD, THIRUVANANTHAPURAM DISTRICT. 2. G.PRAMOD KUMAR, S/O.GOPINATHAN NAIR, PEON, SUB OFFICE UNDER THE KOLLAM COMMITTEE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD,KOLLAM DISTRICT. BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR. RESPONDENT(S): --------------------------- 1. THE KERALA STATE HEADLOAD WORKERS BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE, HEAD OFFICE, SRM ROAD, ERNAKULAM 682 012. 2. THE CHIEF EXECUTIVE, THE KERALA HEADLOAD WORKERS WELFARE BOARD, SRM ROAD, ERNAKULAM 682 012. R1 & R2 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22417/2011 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.E3/25182/08 DTD.01/07/2009 OF THE 2ND RESPONDENT. P2: COPY OF THE ORDER NO.E3/10698/09 DTD. 21/01/2010 OF THE 2ND RESPONDENT. P3: COPY OF THE G.O.(MS) NO.50/2010/LABOUR DTD. 22/04/2010. P4: COPY OF THE LETTER DTD. 02/12/2010. P5: COPY OF THE LETTER NO.E1-1344/10 DTD. 12/12/2010. P5(A): COPY OF THE APPLICATION OF THE 1ST PETITIONER DTD. 08/12/2010. P6: COPY OF THE LETTER NO.E1-526/10 DTD. 10/12/2010. P7: COPY OF THE LETTER NO.E1-1344/10 DTD. 15/05/2011. P8: COPY OF THE REPRESENTATION DTD. 01/08/2011. P8(A): COPY OF THE LETTER NO.E1-1344/10 DTD. 06/08/2011. P9: COPY OF THE REPRESENTATION DTD. 25/06/2011. P9(A): COPY OF THE LETTER NO.E1-868/10 DTD. 30/06/2011. RESPONDENTS' ANNEXURE: ANNEX.A: COPY OF LETTER DTD. 17/08/2011. /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 22417 OF 2011 -------------------------------------------- Dated this the 5th day of September, 2011 JUDGMENT The petitioners are presently working as Peons under the Kerala Head Load Workers Welfare Board (for short 'the Board'). They have approached the respondents for getting appointment as L.D.Clerk under the department quota. However, no decision was taken on their request. Ext.P3 would reveal that the Government have already granted approval to set apart 2%of the posts available in the category of L.D.Clerk under the Board to be filled from among employees belonging to the categories of Attender, Ronio Operator and Peon who have satisfactorily completed probation and got 4 years of service provided they possess the qualification prescribed by the Kerala Public Service Commission for appointment to the post of L.D.Clerk by transfer. As per Ext.P3 dated 22.4.2010, the Board was further directed to submit necessary proposals for effecting appropriate amendments in the Kerala Head Load Workers Welfare Board Staff (Appointments, Conditions of Service, Conduct & Discipline) Rules. Even after such a direction from the Government, no steps were taken by Board for carrying out the said direction for a long period. It is in the said circumstances that this Writ Petition has been filed W.P.(C) NO.22417 of 2011 2 mainly with the following prayers:- i. to issue a declaration that petitioners are qualified to be appointed as Lower Division Clerk under the first respondent against 2% by transfer appointment quota as per Exhibit P3 and P4. ii. to issue a writ of mandamus or any other appropriate writ, direction or order, directing the 2nd respondent to order transfer appointments to petitioners as Lower Division Clerk on the basis of Exhibit P3 and P4. 2. I have heard the learned counsel for the petitioners and also the learned standing counsel appearing for the respondents. 3. A statement has been filed in this Writ Petition on behalf of the respondents. Along with the said statement, a letter dated 17.8.2011 addressed to the Government Secretary, Labour and Rehabilitation Department was produced as Annexure-A. Along with the said letter, the proposal, as called for as per Ext.P3, was also appended. Thus it is obvious that taking into account the direction of the Government in Ext.P3, appropriate proposals have been forwarded to the Government. In the said circumstances, what remains is only a consideration of the proposal forwarded by the Board, pursuant to the directions in Ext.P3, by the Government. True that the Government have not been made a party in this Writ Petition. However, considering the fact that the Government have already issued Ext.P3 directing the Board to forward its proposal for W.P.(C) NO.22417 of 2011 3 the purpose of bringing in appropriate amendments to the relevant rules mentioned thereunder and that the first respondent has already forwarded its proposal, this Writ Petition is disposed of with a direction to the Secretary to Government, Labour and Rehabilitation Department to take appropriate decision based on Ext.P3 in the light of the proposal forwarded as per Annexure-A and in accordance with law. This shall be done expeditiously. To enable the Secretary to Government, Labour and Rehabilitation Department to comply with the directions in this judgment, the petitioner shall produce a copy of this judgment before the said authority. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.22417 of 2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.22417 of 2011 5