IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 5049 of 2009(A) ------------------------- PETITIONERS: --------------- 1. M.G. SREEKUMARAN NAIR, JUNIOR SUPERINTENDENT, FINANCE DEPARTMENT KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., HEAD OFFICE, KANNUR. 2. V.M. IBRAHIM KHAN, SUPERINTENDENT (NOW IN CHARGE OF MANAGER (ADMINISTRATION), KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., HEAD OFFICE, KANNUR. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: --------------- 1. MANAGING DIRECTOR, KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., HEAD OFFICE, KANNUR. 2. KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, KANNUR. 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.E.K.NANDAKUMAR FOR R1 & R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 SRI.ANIL D. NAIR FOR R1 SRI.K.V.AJAI KUMAR FOR R1 SR. GOVT. PLEADER SMT. M.R SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5049 of 2009 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE G.O (MS) NO.102/96/1D DATED 12.4.1996 EXT.P2: TRUE COPY OF THE ANNEXURE II TO EXT. P1 ORDER WHICH GIVES THE GOVERNMENT APPROVED METHOD OF APPOINTMENT AND QUALIFICATION FOR VARIOUS POSTS IN KSHDC EXT.P3: TRUE COPY OF THE LETTER DATED 4.6.06 FORWARDED BY THE 1ST RESPONDENT TO THE GOVERNMENT EXT.P4: TRUE COPY OF THE ORDER DATED 13.6.07 ISSUED BY THE 1ST RESPONDENT EXT.P5: TRUE COPY OF THE JUDGMENT DATED 2.4.2008 IN W.P (C) 11209 OF 2008 EXT.P6: TRUE COPY OF THE LETTER DATED 13.5.2008 FORWARDED BY THE 1ST RESPONDENT TO SMT. SUKUMARI AMMA EXT.P7: TRUE COPY OF THELETTER DATED 13.5.08 FORWARDED BY THE 1ST RESPONDENT TO SMT. SUKUMARI AMMA EXT.P8: TRUE COPY OF THE LETTER DATED 22.8.2008 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT EXT.P9: TRUE COPY OF THE REPRESENTATION DATED 7.4.04 FORWARDED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT EXT.P10: TRUE COPY OF THE REPRESENTATION DATED 6.9.2008 FORWARDED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT EXT.P11: TRUE COPY OF THE REPRESENTATION DATED 18.9.2008 FORWARDED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT. EXT.P12: TRUE COPY OF THE 11 CATEGORIES OF POSTS OUT OF EXT.P2 WHICH HAVE BEEN APPROVED BY THE GOVERNMENT EXT.P13: TRUE COPY OF THE LETTER DATED 2.8.2008 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT CORPROATION. EXT.P14: TRUE COPY OF THE ORDER DATED 7.8.1997 ISSUED BY THE 1ST RESPONDENT EXT.P15: TRUE COPY OF THE ORDER DATED 9.12.1997 ISSUED BY THE 1ST ` RESPONDENT EXT.P16: TRUE COPY OF THE ORDER DATED 12.1.2000 ISSUED BY THE 1ST RESPONDENT EXT.P17: TRUE COPY OF THE ORDER DATED 30.1.2001 ISSUED BY THE 1ST RESPONDENT WP(C).No. 5049 of 200 EXT.P18: TRUE COPY OF THE JUDGMENT DATED 02.07.2008 IN W.P (C) NO.17784/2008 OF THIS HON'BLE COURT EXT.P19: TRUE COPY OF THE JUDGMENT DATED 22.09.2008 IN W.P (C) NO.24680/2008 OF THIS HON'BLE COURT RESPONDENTS EXHIBITS: EXT R1 (a) TRUE COPY OF GOVERNMENT ORDER DATED 12.4.1996 GRANTING APPROVAL FOR PROMOTION RULES IN RESPECT OF 11 POSTS UNDER THE 2ND RESPONDENT EXT. R1 (b) TRUE COPY OF PROMOTION POLICY FORWARDED TO THE GOVERNMENT FOR APPROVAL DURING THE YEAR 2001 EXT. R1 (c) TRUE COPY OF PROMOTION POLICY FOR APPROVAL DURING THE YEAR 2006 EXT. R1 (d) TRUE COPY OF GOVERNEMENT ORDER DATED 27.2.2009 EXT. R1 (e) TRUE COPY OF GOVERNEMENT ORDER DATED 17.3.2009 /TRUE COPY/ P.A TO JUDGE T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5049 of 2009 -------------------------- Dated this the 30th November,2009 J U D G M E N T Petitioners herein are working as Junior Superintendent in the Finance Department and Superintendent -in- charge of Manager (Administration) of the 2nd respondent namely, the Kerala State Handloom Development Corporation Ltd. 2. The main prayer in the writ petition is for a direction to respondents 1 and 2 to follow Ext.P8 directions issued by the 3rd respondent and to give adequate promotions to the petitioners in the vacant higher cadres as per Ext.P2 Promotion Rules with effect from the dates on which the vacancies arose. 3. First petitioner is seeking promotion as Superintendent and second petitioner is seeking promotion as Asst. Marketing Manager. Petitioners are relying upon Ext.P8, namely, the Government directives in support of their plea that they are entitled to get promotion. W.P ( C) No.5049 of 2009 2 4. In the counter affidavit filed by respondents 1 and 2 , it is explained that as regards the service conditions of employees under the 1st respondent are concerned, the same are governed by the Rules framed by the respondent and approved by the Government as required under the Articles of Association of the Company. It is also stated that Draft Rules governing promotion of employees were drawn up for the first time in the year 1992 covering 37 posts and the same was forwarded to the Government for approval. Since no approval was received from the Government, the Board of Directors of the Corporation during the year 1994 decided to implement promotion in respect of all the 37 categories of posts provisionally pending such approval by the Government. During the year 1996, the Government granted approval for promotion Rules framed in respect of 11 categories of posts up to that of Assistant Regional Manager/Senior Accounts Officer. In so far as the balance 26 categories out of the 37 required are concerned, it was informed by the Government that concurrence of the P.S.C is required. Ext.R1(a) is the copy W.P ( C) No.5049 of 2009 3 of the order dated 12.4.1996. 5. Therefore, going by the averments in the counter affidavit provisional promotions were being effected from time to time. Even though it is contended that it was not given effect to after the year 1998, the learned counsel for the petitioners submitted that provisional promotions were being effected till the year 2001. 6. Along with reply affidavit, petitioners have produced Ext.P19, a copy of the judgment in W.PC No.24680/08. Petitioner therein is a Show Room Manager who was also claiming promotion to the post of Assistant Regional Manager. Therein, this Court directed the 2nd respondent to consider the petitioner's request for promotion as per the Rules currently in force, if necessary on a provisional basis. It is well settled that employees should be provided sufficient avenues for getting promotion. 7. Learned counsel for the petitioners submitted that a similar direction can be issued in this case also. It is W.P ( C) No.5049 of 2009 4 pointed out that provisional promotions have been effected already, as directed in Ext.P19 judgment. If that be so, the petitioners are also entitled for similar benefits. 8. Therefore, the writ petition is disposed of directing the respondents 1 and 2 to consider the claim of the petitioners for promotion, if necessary on a provisional basis and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.5049 of 2009 5 W.P ( C) No.5049 of 2009 6