IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 37057 of 2008(J) -------------------------- PETITIONER(S): --------------- PEENA.A. POOVATHUNKAL, PEON, DISTRICT INFORMATION OFFICE, THRISSUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, INFORMATION AND PUBLIC RELATIONS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, INFORMATION AND PUBLIC RELATIONS DEPARTMENT, THIRUVANANTHAPURAM. 4. THE DISTRICT INFORMATION OFFICER, INFORMATION OFFICER, THRISSUR. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.37057 of 2008 ------------------------------- Dated this the 16th December, 2008. J U D G M E N T Heard Sri.O.D.Sivadas, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Peon in the District Information Office at Thrissur. As per the Kerala Public Relations Subordinate Service Rules, the method of appointment to the category of Assistant Information Officer is by direct recruitment. The petitioner submits that though he possesses all the qualifications prescribed for the post of Assistant Information Officer, he cannot apply or seek promotion for the reason that the method of appointment prescribed in the Special Rules is by direct recruitment. The petitioner submits that the Government have by Ext.P5, ordered that 2% of the posts of Assistant Grade II in the Administrative Secretariat will be set apart for appointment by transfer of low paid employees. W.P.(C) No.37057 of 2008 2 Relying on Ext.P5 and claiming similar reservation, the petitioner has filed Ext.P4 representation before the Principal Secretary to Government, Information and Public Relations Department. In this writ petition, the petitioner inter alia prays for a direction to the second respondent to consider the request made by him in Ext.P4 and to take a decision thereon, in the light of Ext.P5 Government order. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. From the materials on record, it is evident that the method of appointment prescribed for the post of Assistant Information Officer is by direct recruitment. No employee of the department can aspire to the promoted to the said post, though he may possess the prescribed qualifications. Ext.P5 discloses that in the Administrative Secretariat, 2% of the posts in the cadre of Assistant Grade II are reserved for appointment by transfer from among the low paid employees of the Secretariat who possess the qualifications prescribed for appointment by direct W.P.(C) No.37057 of 2008 3 recruitment to the category of Assistant Grade II. What the petitioner claims in Ext.P4 is a similar reservation in favour of low paid employees of the Information and Public Relations Department. Whether the request made by the petitioner in Ext.P4 deserves to be accepted or not is primarily a matter for the Government to decide. In these circumstances, without expressing any opinion on the merits of the claim put forward by the petitioner, I dispose of the Writ Petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P4 and to take a decision thereon, within six months from the date on which the petitioner produces a certified copy of this judgment. It will be open to the second respondent to hear the petitioner and representatives of the service organisations/associations while taking a decision in the matter. P.N.RAVINDRAN, JUDGE nj.