IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9271 of 2009(D) ------------------------- PETITIONER(S): --------------- 1. AJAYA KUMAR,S/O.A.K.MADHAVAN NAIR, THEVARAZHIKATHU VEEDU, THAZHAM,EAST KALLADA.PO, KOLLAM.(SEA MAN, HYDROGRAPHIC SURVEY WING,ASRAMAM, KOLLAM). 2. JOSEPH.A, S/O.ANTONY, VETTUTHARAPUTHUVEL NEENDAKARA.PO, KOLLAM.(SEA MAN, HYDROGRAPHIC SURVEY WING, ASRAMAM, KOLLAM). BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PORTS, SECRETARIAT,THIRUVANANTHAPURAM. 2. CHIEF HYDROGRAPHER,OFFICE OF CHIEF HYDROPHER,SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. MARINE SURVEYOR, OFFICE OF THE MARINE SURVEYOR, HYDROGRAPHIC SURVEY WING, ASRAMAM, KOLLAM. GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9271/2009-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of March, 2009 J U D G M E N T The petitioners are presently working as Seamen in Hydrographic Survey Wing under the Port Department. They are Diploma holders in Civil Engineering. The post of Seaman is the entry level post in Hydrographic Survey Wing. The minimum qualification for appointment to the post of Seaman is Std.VII. The next promotion post of Seaman is 'Cassab' and the required qualification is a pass in S.S.L.C. The petitioners point out that in the case of higher posts such as Tide Watcher, Leadsman, Field Assistant etc., they need not pass S.S.L.C and even in the case of Field Assistants, the promotees are S.S.L.C failed candidates. 2. It is pointed out that there is an anomaly in the Special Rules which has resulted in denial of promotion to persons like the petitioners. It is pointed out that if a fixed quota has been provided to the inservice candidates to apply to the post of Field Assistant wherein the minimum qualification is Diploma in Engineering, the petitioners and other candidates will have the opportunity to get promotion to their respective quota. The petitioners contend that the longstanding demand made by them are not being considered. Finally, by Exts.P1 and P2 they have submitted W.P.(C) No.9271/2009 -:2:- detailed representations before the Chief Hydrographer seeking for appropriate remedial action in the matter. 3. In the result, the writ petition is disposed of directing the second respondent to consider the grievances raised in Exts.P1 and P2 after hearing the petitioners and pass orders within a period of three months from the date of receipt of the copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms