IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2836 of 2010(D) ------------------------- PETITIONER(S): --------------- ZAKKIR ALI.M., ASSISTANT TALUK SUPPLY OFFICER, THIRUVANANTHAPURAM. BY ADV. SRI.H.BADRUDDIN SMT.B.SHAMEERA RESPONDENT(S): --------------- THE CIVIL SUPPLIES COMMISSIONER, CIVIL SUPPLIES COMMISSIONERATE, THIRUVANANTHAPURAM GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 2836 OF 2010 -------------------------------------------- Dated this the 29th day of January, 2010 JUDGMENT The petitioner is an Assistant Taluk Supply Officer. This Writ Petition is filed with the following prayer: “(i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to grant promotion to the executive post of Taluk Supply Officer from the existing grade of Asst. Taluk Supply Officer, in out of turn basis, under Rule 9(d) of KS&SSR by considering Exts.P3 and P5 herein.” 2. It is evident from the prayer itself that senior hands are available for promotion to the post of Taluk Supply Officer. But, according to the petitioner, they are not qualified for being promoted to the said post. It is with that contention that the petitioner prays for promotion in an out of turn basis, based on Rule 9(d) of the Kerala State and Subordinate Services Rules (for short “the KS & SSR”). The petitioner has already filed Exts.P3 and P5 representations before the respondent in this regard. The grievance of the petitioner is that despite receipt of Exts.P3 and P5, no W.P.(C) NO. 2836/2010 2 action has been taken thereon by the respondent. 3. Considering the fact that in the matter of promotion to the post of higher posts, out of turn promotion can be effected under Rule 9(d) of the KS& SSR, at the same time, even for considering such a request, the seniors have to be heard in the matter with regard to their qualification. Therefore, at the first instance, this question has to be decided by the respondent. Admittedly, Exts.P3 and P5 representations submitted by the petitioner are pending before the respondent. In the circumstances, the respondent is directed to consider Exts.P3 and P5 representations submitted by the petitioner expeditiously, with notice to the persons who are likely to be affected in case a decision is taken in favour of the petitioner. This shall be done within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 2836/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 2836/2010 JUDGMENT 29th January, 2010