IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 8095 of 2009(F) ---------------------------------------- PETITIONER(S): ------------------------ 1. K.P.SHAMSU, HEAD ACCOUNTANT, ICDS PROJECT, VAZHAKKULAM. 2. K.MADHUSOODHANAN,HEAD ACCOUNTANT , O/O THE PROGRAMME OFFICER, DISTRICT LEVAL ICDS CELL, P.O.KALPETTA NORTH, WAYANAD DISTRICT. 3. K.M.SHERIEF SHOOJA, HEAD ACCOUNTANT, ICDS MANKARA, MALAPPURAM DISTRICT. 4. C.KRISHNANKUTTY NAIR, HEAD ACCOUNTANT, ICDS PROJECT. CHITTUMALA, KOLLAM DISTRICT. 5. ASGAR SHAH, HEAD ACCOUNTANT, ICDS PROJECT, PARALI P.O., PALAKKAD. 6. T.T.SEBASTIAN, HEAD ACCOUNTANT, ICDS, IRIKKOOR. 7. S.SULFEEKAR, HEAD ACCOUNTANT, OF SOCIAL WELFARE, VIKAS BHAVAN, TRIVANDRUM. 8. M.B.RADHAKRISHNAN NAIR, CHILD WELFARE INSPECTOR, RAD OFFICE, ERNAKULAM. 9. C.M.AHAMMED ABDUL RASHEED, HEAD CLERK, ICDS PROJECT, PATTAMBI, PALAKKAD DISTRICT. W.P.(C) NO.8095/2009 10. C.RAMACHANDRAN, HEAD ACCOUNTANT, I.C.D.S.PROJECT OFFICE, CHERPPU P.O., PALISSERY, CHERPU, THRISSUR. 11. A.RAJAPPAN PILLAI, HEAD ACCOUNTANT, ICDS PROJECT OFFICE, KATTAPPANA P.O. 12. K.MUHAMMEDALI, HEAD ACCOUNTANT, ICDS PROJECT MANNARKKAD, P.O.MANNARKKAD, PALAKKAD DISTRICT. 13. V.T.RADHAKRISHNAN NAIR, HEAD ACCOUNTANT, ICDS ACCOUNTANT, ICDS PROJECT, ATTAPPADY, AGALI P.O., PALAKKAD DISTRICT. BY ADV. MR.M.P.ASHOK KUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVT., SOCIAL WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF SOCIAL WELFARE, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8095 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of March, 2009. JUDGMENT The petitioners are working in the Social Welfare Department in the category of Head Clerk/Head Accountant and other similar category of posts. The main grievance raised by the petitioners is that overlooking their seniority their lady juniors have been given promotion to the post of Assistant Child Development Project Officer. 2. In their pleadings, following contentions have been raised. Certain posts in the category of Child Development Project Officer and Assistant Child Development Project Officer were reserved to be filled up exclusively by women officers in the Department by Ext.P1 Government Order. The said order really affected the promotion prospects of the persons like the petitioners. The petitioners contend for the position that even if the said reservation has to be continued, then adequate provision should be made for safeguarding the promotion prospects of the existing ministerial staff. They rely upon the counter affidavit filed in O.P.No.21179/1997 which was filed by the Kerala State Social Welfare Employees Association, wherein the Government had stated that they propose to amend the Special Rules wpc 8095/2009 2 providing a revised promotion channel for the staff in the Department without affecting the promotion prospects of the existing staff. The same has been produced as Ext.P2 herein. But when the amendments were carried out by Ext.P3, the alternate channel for promotion to the male employees were not provided. Thus, 72 male employees lost their promotion prospects in the Grade - I (CDPO) category and 40 persons have lost the promotion prospects in the category of Grade II (ACDPO). Ultimately, the Government passed Ext.P4 order upgrading certain posts for compensating the loss of promotion posts of male staff. The Director of Social Welfare made a proposal to carry out necessary amendments in the Special Rules. On 5.11.2008 the Director sent a letter to the Government pointing out certain irregularities which have happened, while passing Ext.P4. The same is produced as Ext.P5. No further action in the matter is forthcoming. The petitioners' ranking in Ext.P6 seniority list shows that the women employees are juniors to them. But by Ext.P7 dated 30.1.2009 three ladies who are juniors to the petitioners, have been promoted as Assistant Child Development Project Officers. Thus, the petitioners allege that there is gender discrimination which is violative of Article 16 of the Constitution of India. 3. Under the Special Rules for Kerala Social Welfare Service, 1992 wpc 8095/2009 3 in category 7 there is a clause providing for granting the benefit of Performa Promotion. Ext.P8 is relied upon by the petitioners in support of the said argument. Seeking for appropriate action in the matter, the petitioners have approached the Government by filing Ext.P9 series representations. By Ext.P10, the Director of Social Welfare forwarded the representations to the Government with a recommendation to provide Performa Promotion by invoking clause 7 of the Special Rules. So far, no orders have been passed by the Government on these representations, in spite of receipt of Ext.P10 recommendation. 4. Heard learned counsel for the petitioners and the learned Government Pleader. 5. The petitioners pray that the Government may be directed to pass orders on Ext.P9 series representations in the light of Ext.P10 and the Special Rules. 6. In the result, the writ petition is disposed of directing the first respondent to pass orders on Ext.P9 series representations in the light of the specific provisions in the Special Rules and Ext.P10 recommendation, wpc 8095/2009 4 within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioners. (T.R. Ramachandran Nair, Judge.) kav/