IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 33406 of 2008(B) -------------------------- PETITIONER(S): ------------------ SUDHAKUMARI R., INSTRUCTOR, GOVERNMENT COMMERCIAL INSTITUTE, PUNALUR, NELLIPALLI P.O., KOLLAM DISTRICT. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION TRIVANDRUM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, TRIVANDRUM. 3. THE SUPERINTENDENT GOVERNMENT COMMERCIAL INSTITUTE, NELLIPALLI P.O., PUNALUR, KOLLAM DISTRICT. 4. THE PRINCIPAL, GOVERNMENT POLYTECHNIC, NEYYATTINKARA, TRIVANDRUM DISTRICT. GOVT.PLEADER SRI.T.T.MOHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 33406 OF 2008 (B) ==================== Dated this the 26th day of November, 2008 J U D G M E N T Petitioner submits that she is presently working as an Instructor in Government Commercial Institute, Punalur. 2. According to her, the post is under the Technical Education Service. According to the petitioner, the post to which he can aspire for promotion is Head of Section in Computer Application and Business Management. Petitioner submits that Special Rules have not been framed for the said post and that vacancies are being filled up on a provisional basis. One such example cited by the petitioner is Ext.P4 order of 1992, when the post was filled up by resorting to the method of transfer. It is submitted that though the petitioner applied on several occasions for being promoted to the post of Head of Section, reply has been given to her by Exts. P13, P14 and P15 that her case can be considered, only on the framing of the Special Rules. 3. According to the petitioner, presently there are three vacancies and this contention of the petitioner is confirmed by the Public Information Officer in his letter dated 4/11/2008 given in reply to Ext.P16 where it is stated that there are three vacancies of Head of Section in WPC 33406/08 :2 : CABM in Polytechnics of the Department of the Technical Education. 4. Though it would appear that there are three vacancies of Head of Section, as Special Rules have not been framed so far, it will not be possible for this Court to direct that promotion should be effected at this stage. Be that as it may, in the event there are any vacancies of Head of Section required to be filled up either provisionally or otherwise, are available, the 2nd respondent shall consider the case of the petitioner, subject to her seniority and other eligibilities. 5. Petitioner may produce a copy of this judgment before the 2nd respondent, who shall take appropriate action in this matter within 8 weeks of production thereof. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp