IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 12147 of 2004(U) -------------------------- PETITIONER: --------------- 1. M.PRABHAKARAN, REASERCH OFFICER/ STASTISTICAL OFFICER, STATE CRIME RECORDS BUREAU, THIRUVANANTHAPURAM. 2. M.BALAKRISHNAN NAIR, DISTRICT STATISTICAL OFFICER, PATHANAMTHITTA. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.P.K.VIJAYAMOHANAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, PLANNING AND ECONOMIC AFFAIRS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ECONOMICS AND STATISTICS THIRUVANANTHAPURAM. ADDL. R3 TO R6 IMPLEADED: 3. USMAN SHEREEF KOORI, ASSISTANT DIRECTOR, DIRECTORATE OF ECONOMICS AND STATISTICS, TRIVANDRUM. 4. R. SREEKUMAR, RESEARCH OFFICER, DIRECTORATE OF ECONOMICS AND STATISTICS, TRIVANDRUM. 5. K.G. GEETHA, RESEARCH OFFICER, DIRECTORATE OF ECONOMICS AND STATISTICS, TRIVANDRUM. (ON DEPUTATION TO CONSTRUCTION WORKERS WELFARE FUND BOARD, PALARIVATTOM.) W.P.(C) No. 12147/2004 : 2: 6. R. SUDHARSA, RESEARCH OFFICER, DIRECTORATE OF ECONOMICS & STATISTICS, TRIVANDRUM. (ADDL. R3 TO R6 IMPLEADED AS PER ORDER DATED 08.09.2004 IN I.A. NO.11657/2004.) ADV. SRI. P.M. SANEER, GOVERNMENT PLEADER ADDL. R3 TO R6 BY SRI.K.BABU THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 12147/2004 : 3: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER NO.EC(1)3191/03/DS DATED 19.02.2004 OF THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE SPECIAL RULES OF THE KERALA STATISTICS AND ECONOMIC SERVICE. EXT.P3 : TRUE COPY OF THE COMMUNICATION NO.7826/B3/95/PLG DATED 02.11.1995 FROM the 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE REPRESENTATION DATED 23.05.2003 OF THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF THE COMMUNICATION NO.EB(1) 16325/2003/BES DATED 19.11.2003 OF THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 06.02.2004 OF THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.P7 : TRUE COPY OF THE GRADATION LIST RESEARCH OFFICERS PUBLISHED UNDER ORDER NO.GRADATION CELL -12950/ 2003/BES DATED 22.11.2003 OF THE 2ND RESPONDENT. EXT.P8 : TRUE COPY OF THE COMMUNICATION NO.G.4249/2000/DES DATED 03.10.2005 FROM THE 2ND RESPONDENT TO THE GENERAL SECRETARY OF THE ASSOCIATION FORWARDING THE COPY OF THE DRAFT NOTIFICATION. RESPONDENTS' EXHIBITS: EXT.R3(a) : TRUE COPY OF THE ORDER O F THE 2ND RESPONDENT APPOINTING ADDITIONAL RESPONDENTS 4 TO 6 AS RESEARCH OFFICERS. EXT.R3(b) : TRUE COPY OF ORDER OF THE 2ND RESPONDENT REGULARISING THE APPOINTMENT. EXT.R3(c) : TRUE COPY OF JUDGMENT IN W.A.NO.1560/1998 OF THE HON'BLE HIGH COURT OF KERALA. EXT.R3(d) : TRUE COPY OF GRADATION LIST AND SELECT LIST. //TRUE COPY// P.A. TO JUDGE W.P.(C) No. 12147/2004 : 4: rv B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 12147 of 2004 - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2011. JUDGMENT Heard the learned counsel for the petitioners. 2. The petitioners have filed this writ petition with the following prayers: 1. to issue a writ of mandamus, order or appropriate direction directing the respondents to enforce the directions issued in Ext.P3. 2. to issue a writ, order or direction directing the respondents to stipulate a ratio for promotion to the cadre of Asst. Director from among the direct recruit/promotee Research Officers; 3. to issue a writ of mandamus, order or direction directing the respondents to finalise the amendment to the Special Rules as proposed under Ext.P5. 3. The petitioners while working in the cadre of Research Officers in the Directorate of Economics and Statistics had sought promotion to the cadre of Assistant Director. The learned counsel for the petitioners submits that in view of Ext.P3, the petitioners are entitled to get promotion in the absence of any provision in the special rules. In the mean time, they have retired from service. The petitioners shall make a representation before the first respondent highlighting their grievances. If such W.P.(C) No. 12147/2004 -:2:- a representation is made within three weeks from today enclosing a copy of Ext.P3, the same shall be considered and appropriate orders shall be passed taking into account Ext.P3 within three months from the date of receipt of the representation after giving an opportunity of hearing to the petitioners. With the above observation, this writ petition is disposed of. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 12147/2004 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT