IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 16916 of 2008(L) -------------------------- PETITIONER: ------------ K.R.SHYLENDRANATH, TECHNICAL ASSISTANT, KOTTARAKKARA THAMPURAN MUSEUM OF CLASSICAL ARTS, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.V.P.MOHAMMED NIYAZ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, CULTURAL AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTOR OF ARCHAEOLOGY, SREEPADAM PALACE, NEAR FORT POST OFFICE, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.SUDHADEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------------- W.P.(C) No.16916 of 2008 ---------------------------------------------- Dated 9th June, 2008. J U D G M E N T The petitioner, who is a Technical Assistant in the Kerala Archaeological Subordinate Service, aspires for promotion to the posts of Curator and Excavation Assistant. The said posts are selection posts governed by the Special Rules for the Kerala Archaeological Service, 2000. Lower Departmental Promotion Committee is to be convened for the said purpose. The petitioner has made a request in this regard as per Ext.P3 before the second respondent. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. If there is a vacancy in a promotion post, then it should normally be filled up, unless the Head of the Department has any reason to defer the filling up of that vacancy. 4. In the result, the writ petition is disposed of directing the second respondent to look into Ext.P3 and take appropriate decision thereon to convene lower D.P.C. for filling up the posts of Curator and Excavation Assistant, within a period of WP(C) NO.16916/08 2 two months from the date of receipt of a copy of the judgment. If there is any factor that stands in the way of the second respondent in doing so, then it shall be communicated by way of a reasoned order on Ext.P3, within the time limit mentioned above. V.GIRI, JUDGE. tgs V.GIRI, J. ---------------------------------------------- W.P.(C) No.16916 of 2008 ---------------------------------------------- J U D G M E N T Dated 9th June, 2008.