IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 13878 of 2008(B) -------------------------------------- PETITIONER(S): ------------------------ ABDUL JABBAR AHAMMED WORKSHOP INSTRUCTOR IN ELECTRONICS NOW WORKING AS DEMONSTRATOR IN WOMEN'S POLYTECHNIC, OTTAPPALAM. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE BY ADV. MR.S.SUJIN RESPONDENT(S): ------------------------- 1. DIRECTOR OF TECHNICAL EDUCATION, KERALA THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY DEPARTMENT OF TECHNICAL EDUCATION GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION PATTOM PALACE P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.B.RAMANI FOR R1, 2,4 BY ADV. MR.ALEXANDER THOMAS, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.13878/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SPECIAL RULES ISSUED BY THE GOVERNMENT AS PER G.O.(MS) NO.284 DT. 2.9.67. P2:- COPY OF THE COMMUNICATION DT. 7.4.08 OBTAINED BY THE PETITIONER FROM THE RESPONDENTS. P3:- COPY OF THE NOTIFICATION PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION INVITING APPLICATIONS FOR THE POST OF LECTURER IN ELECTRONIC IN WOMEN'S POLYTECHNICS UNDER THE TECHNICAL EDUCATION DEPARTMENT VIDE CATEGORY NO.6.7.08. P4:- COPY OF THE REPRESENTATION DT. 18.2.08 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 13878 of 2008-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2009. JUDGMENT The petitioner has filed this writ petition aggrieved by the non consideration of his candidature for appointment as Lecturer in Electronics in Women Polytechnic in the Technical Education Department. The petitioner was initially appointed as a Workshop Instructor. He is having Diploma in Electrical Engineering which is a qualification prescribed for Workshop Instructor. 2. The next higher post in the Department for which the petitioner can aspire for promotion, is the post of Lecturer in Electronics. Going by the Special Rules as in force, the category that is entitled for appointment as Lecturer by transfer is Assistant Instructors in Electronics. The petitioner contends that there is an anomaly in the Special Rules in regard to the eligibility of the candidates like the petitioner who are denied the promotion in the absence of an enabling provision in the Special Rules. 3. In the counter affidavit, it is stated that as the petitioner is not working as Asst. Instructor, he is not entitled for promotion as Lecturer in Women Polytechnic. wpc 13878/2008 2 4. Going by the stand taken in th counter affidavit, the Special Rules now in force really goes against the claim of the petitioner. In that view of the matter, the petitioner has approached the Government by filing Ext.P4 representation seeking to take appropriate remedial steps in the matter, so that the grievances in respect of persons like the petitioner could be redressed. 5. It is entirely for the Government to take a decision since, to redress the grievance raised by the petitioner and various aspects will have to be considered including the prayer for amendment of the Special rules. Since Ext.P4 is pending before the Government, there will be a direction to the second respondent to dispose of Ext.P4 after considering various aspects within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs (T.R. Ramachandran Nair, Judge.) kav/