IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11484 of 2008(P) ---------------------------------------- PETITIONES: ---------------------- 1. RADHAKRISHNAN C.R., S/ORAMAKRISHNA PILLAI, KOCHAMPARAMBIL HOUSE, KUZHITHOLU P.O., IDUKKI(UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE, ERNAKULAM - ON LEAVE). 2. AJMALKHAN T.K., S/O V.K.KOCHUMUHAMMED, MOOTHEDATHU HOUSE, KANJIRAMATTOM P.O., ERNAKULAM((UPPER DIVISION CLERK, REGIONAL TRANSPORT OFFICE, ERNAKULAM - ON LEAVE). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.11484 of 2008 -------------------------- Dated this the 3rd April, 2008 J U D G M E N T Petitioners are members of the ministerial service in the Motor Vehicle Department. They aspire for appointment as Assistant Motor Vehicle Inspectors by way of transfer. As per Exhibit P1 Special Rules, appointment by transfer and direct recruitment are the methods of appointment to the post of Assistant Motor Vehicle Inspectors and a ratio of 1:4 is prescribed for the said appointment. 2. As per Rule 10 (ab) of Part II of K.S.& S.S.R, where a qualification by way of experience is prescribed under any Special Rule, it shall be gained by persons after acquiring the basic qualification prescribed for the post. According to the petitioners, though they have work experience it need not necessarily be acquired after acquiring the basic qualification. It therefore prevents them from being considered for appointment by transfer to the post of Assistant Motor Vehicle Inspectors. In this regard, they have sought for relaxation of the qualification W.P ( C) No.11484 of 2008 2 by approaching the Government under Rule 39 Part II of the K.S.& S.S.R. Exhibit P3 is pending before the Government in that behalf. Having heard the learned Government Pleader also, the writ petition is disposed of directing the 1st respondent to consider Exhibit P3 and pass orders thereon, within a period of three months from the date of receipt of a copy of this judgment. Petitioners shall also produce a copy of the writ petition along with a copy of the judgment. Petitioners shall be heard before orders are passed on Exhibit P3. (V.GIRI, JUDGE) ma W.P ( C) No.11484 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No.11484 of 2008 2 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.