IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WA.No. 1441 of 2008 --------------------------- AGAINST THE JUDGEMENT IN WPC.31047/2007 Dated 23/05/2008 .................... APPELLANT/PETITIONER NO.8 IN THE WPC: ------------------------------------------------------------------- M.P.ABDUL RASHEED, ASSISTANT DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, KOZHIKODE. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): RESPONDENTS 1 TO 18 & PETITIONERS 2 TO 7 IN WPC: --------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM. 3. M.SALIM, ASST.DISTRICT INDUSTRIESOFFICER, TALUK INDUSTRIES OFFICE, PONNANI. 4. K.N.KRISHNAKUMAR, ASST.DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, OTTAPPALAM. 5. A.N.SREEDHARAN, ASST.DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, IRINJALAKUDA. 6. K.S.PRADEEPKUMAR, ASST.DISTRICT INDUSTRIES OFFICER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM. 7. R.RAMESH CHANDRAN, ASST.DISTRICT INDUSTRIES OFFICER, ON DEPUTATION, TSUNAMI DISASTER MANAGEMENT, KOLLAM. 8. T.ABDUL VAHAB, ASST.DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, TIRUR. 9. N.MOHANAN, ASST.DISTRICT INDUSTRIES OFFICER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM. 10. S.SURESH KUMAR, ASST.DISTRICT INDUSTRIES OFFICER, DIRECTORATE OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 11. P.S.SURESH KUMAR, ASST.DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, MEENACHAL, KOTTAYAM. 12. SIMON ZACHARIA, ASST.DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, MANNARKKAD. 13. D.RAJENDRAN, TECHNICAL OFFICER, DISTRICT INDUSTRIES CENTRE, PATHANAMTHITTA. 14. SMT.HELEN JEROME, TECHNICAL OFFICER, DISTRICT INDUSTRIES CENTRE, ALAPPUZHA. 15. E.SALAHUDEEN, TECHNICAL OFFICER, DISTRICT INDUSTRIES CENTRE, KOLLAM. 16. G.RAJ MOHAN, TECHNICAL OFFICER, DISTRICT INDUSTRIES CENTRE, PALAKKAD. 17. K.S.ANIL KUMAR, TECHNICAL OFFICER, DIRECTORATE OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 18. C.SANJAYAN, TECHNICAL OFFICER, DISTRICT INDUSTRIES CENTRE, IDUKKI. 19. N.RAJU, ASSISTANT REGISTRAR, PROJECT OFFICE (COIR), KOLLAM. 20. R.RAMACHANDRAN PILLAI, ASSISTANT REGISTRAR, PROJECT OFFICE (COIR), CHIRAYINKEEZHU. 21. N.MANILAL, ASSISTANT DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, KARUNAGAPPALLY. 22. ABDUL RAHIMAN PITCHA, ASST.REGISTRAR, PROJECT OFFICE (COIR), THRISSUR. 23. P.RADHAKRISHNAN, ASST.REGISTRAR, DIRECTORATE OF COIR DEVELOPMENT, THIRUVANANTHAPURAM. 24. K.T.ABDUL MAJEED, ASST.DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, PERINTHALMANNA. R1 & R2 - BY SR. GOVERNMENT PLEADER SMT.K.MEERA. R4 & R14 - BY SRI.P.RAVINDRAN (SR.) & SRI.P.NARAYANAN R5 - SRI.V.PHILIP MATHEW R8, 11 & R13 - BY ADV.SRI.P.C.SASIDHARAN. R6, R12 & R16 - BY SRI.S.P.ARAVINDAKSHAN PILLAY R9 & R15 - BY ADV.SRI.KALEESWARAM RAJ. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1441 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October, 2008 Judgment H.L. Dattu, C. J: Petitioner No.8 in W.P.No.31047 of 2007 is the appellant in this writ appeal. He calls in question the correctness or otherwise of the orders passed by the learned single Judge in W.P(C).No.31047/2007 dated 23/5/2008. 2. Petitioners in the writ petition had called in question Ext.P16 order passed by the State Government in G.O (Ms)No.88/07/ID dated 6/7/2007 and the consequential circular issued dated 12/9/2007. 3. Ext.P16 order was questioned by the petitioners primarily on the ground that the said order is contrary to the statutory rules relating to Kerala State Industries Service Rules. Secondly, even assuming the Government has the power to merge the post of Technical Supervisor with that of Assistant District Industries Officer, it can only be done only by an amendment of the statutory rules and not by an executive order. 4. This Court, while entertaining the writ appeal, had granted an interim order of stay, staying the orders passed by the learned single Judge. 5. During the pendency of this writ appeal, the State has promulgated Special Rules for Kerala Industries Service by issuing notification No. G.O (P) 143/2008/ID dated 17th September 2008. The Special Rules are given retrospective effect, with effect from 1.3.1997. WA.1441/2008 2 6. The rules provide for merger of posts and method and manner of promotions requires to be carried out in Kerala Industries Service etc. 7. In view of the promulgation of the Special Rules for Kerala Industries Service, it may not be necessary for us to go into the merits or demerits of the grounds urged by the appellant in the memorandum of appeal. In our view, in view of the promulgation of the Special Rules for Kerala Industries Service which has been brought into force with effect from 1.3.1997, the writ appeal filed by the appellant has in fact become infructuous. Accordingly while disposing of the appeal as having become unnecessary/infructuous, we reserve liberty to the appellant, if he so desires, to question the vires of the Special Rules in the Kerala Industries Service issued under notification dated 17th September 2008, by filing an appropriate petition before an appropriate forum. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an/dk.