IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 15479 of 2007(P) -------------------------- PETITIONER(S): --------------- A.PADMAJA, VILLAGE INDUSTRIES OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, KANNUR. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REPRESENTED BY ITS SECRETARY, "GRAMA SOUBHAGYA", VANCHIYOOR, THIRUVANANTHAPURAM. 2. PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, KANNUR. 3. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH BY STANDING COUNSEL SRI.K.P.HARISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WPC/15479/2007 PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE PHOTOCOPY OF THE G.O.(P) NO.141/86/GAD DATED 30.4.86 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 : TRUE PHOTOCOPY OF THE PROCEEDINGS NO.KB.8713/87.E2 DATED 15.12.87 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 : TRUE PHOTOCOPY OF THE G.O.(P) NO.2/07/P&ARD DATED 20.1.07. EXHIBIT P4 : TRUE PHOTOCOPY OF THE SENIORITY LIST OF VILLAGE INDUSTRIES OFFICERS AS ON 1.7.99. EXHIBIT P5 : TRUE PHOTOCOPY OF THE PROCEEDINGS NO.KB-4807/E1 (A) DATED 2.5.07. EXHIBIT P6 : TRUE PHOTOCOPY OF THE REPRESENTATION DATED 5.5.07 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. //TRUE COPY// PA TO JUDGE T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 15479 of 2007 --------------------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The petitioner entered service as Junior Co-operative Inspector under the Kerala Khadi and Village Industries Board on 5.9.1984. She was later promoted as Senior Co- operative Inspector on 2.1.1990 and Senior Co-operative Inspector (Special Grade) with effect from 18.3.1994. The petitioner was promoted as Village Industries Officer with effect from 10.8.1998. The next promotion is to the post of Project Officer. 2. The petitioner's claim is that she is entitled for retrospective promotion. According to her she was entitled for exemption in the light of the Government Order Ext.P1 allowing exemption to members of Scheduled Castes and Scheduled Tribes from passing the departmental test. 3. Accordingly the petitioner has filed Ext.P6 representation before the competent authority. The petitioner has pointed out that her juniors have been promoted as Project Officers vide order dated 2.5.2007. At any rate she is entitled for a promotion as on that date. wpc/15479/2007 2 4. Heard the learned Standing Counsel for the respondents also. There will be a direction to the 1st respondent to consider and pass orders on Ext.P6 after hearing the petitioner and any other affected parties within a period of three months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps