IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 OP.No. 35087 of 2002(B) ---------------------------------- PETITIONER: ------------------- S.JAYAPRAKASH, LITERACY TEACHER, GOVERNMENT JUVENILE HOME, TRICHUR. BY ADV. SRI.P.RAMAKRISHNAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. SANDESH RAJA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NOS. 59387/2002 & 11159/2004 IN O.P. NO. 35087/2002 DISMISSED 11/02/2008. SD/- P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE RELEVANT EXTRACT FROM THE SPECIAL RULES FOR SUBORDINATE SERVICE IN SOCIAL WELFARE DEPARTMENT. EX.P.2: COPY OF THE REPRESENTATION DTD. 08/02/2002 FROM THE PETITIONER TO THE R.1. EXT.P.3: COPY OF THE REPRESENTATION DTD. 09/08/2004 FROM THE PETITIONER TO THE R.2. EXT.P.4: COPY OF THE PROCEEDINGS DTD. 19/10/2004 OF THE R.2. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.35087 OF 2002-B -------------------------------------------------------------- Dated this the 11th day of February, 2008. JUDGMENT The petitioner was appointed as Literacy Teacher in the Kerala Social Welfare Department on 10.4.1991. The post of Literacy Teacher is category 14 in the Special Rules for the Kerala Social Welfare Subordinate Service, 1972. The next promotion post is that of Supervisor, Integrated Child Development Services. Promotion to the post of Supervisor, Integrated Child Development Services is by promotion from Category No.11 Warden, Hostels for Working Women; Category No.13, Care Mother, Day Care Centre; Category No.14, Literacy Teacher; Category No.15, Nursery Teacher/Teacher and Category No.17 Matron/Matron-cum- Instructor/Matron Gr-I. However, Rule 3 of the Special Rules stipulates that post of Supervisor, Integrated Child Development Services (Category 8) is reserved exclusively for women. The petitioner has, stating that he is stagnating in the entry post, filed this original petition seeking the following reliefs: “A. A writ of mandamus or any other appropriate writ, order or direction, directing the OP.NO.35087/2002 . 2 respondents to consider the petitioner for promotion as Supervisor, ICDS forthwith on par with his immediate junior. B. A declaration to the effect that non- consideration of the petitioner for promotion as Supervisor, ICDS is arbitrary and violation of Ext.P1 Special Rules. C. A writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider and pass orders on Ext.P2 representation dated 8.2.2002 submitted by the petitioner forthwith”. 2. By an interim order passed on 19.8.2004 in I.A.No.11159/04 this Court directed the 2nd respondent to consider and pass orders on Ext.P3 representation submitted by the petitioner. The Director of Social Welfare has pursuant to the said direction, issued Ext.P4 proceedings dated 19.10.2004 giving proforma promotion to the petitioner in the scale of Rs.4500 - 7000 with effect from 3.1.2004, the date on which his immediate junior, Smt. Asha Rani was promoted as Supervisor. 3. Sri.T.C. Krishna, the learned counsel appearing for the petitioner submitted that exclusion of male Literacy Teachers from the zone of consideration for the post of Supervisor, Integrated OP.NO.35087/2002 . 3 Child Development Services is arbitrary and discriminatory since male Literacy Teachers are excluded solely on the ground of sex. The learned counsel further submitted that though by Ext.P4, the petitioner was granted proforma promotion with effect from 3.1.2004, the date on which his junior Smt. Asha Rani was promoted as Supervisor, he is entitled to proforma promotion earlier than 3.1.2004. 4. Sri.K.Sandesh Raja, the learned Government Pleader appearing for the respondents submitted that in the absence of a challenge to the Special Rules for the Kerala Social Welfare Subordinate Service, 1972 the petitioner is not entitled to any relief in this original petition. The learned Government Pleader also submitted that in the absence of any material to establish that besides Smt. Asha Rani, other Literacy Teachers who are junior to the petitioner have been promoted as Supervisor, Integrated Child Development Services, the prayer made by the petitioner for a direction to give him proforma promotion on a date prior to 3.1.2004 as Supervisor, Integrated Child Development Services cannot be granted. OP.NO.35087/2002 . 4 5. I have considered the rival contentions. It is evident from the pleadings in the original petition that the petitioner has not challenged the validity of the Special Rules for the Kerala Social Welfare Subordinate Service, 1972 to the extent it excludes male Literacy Teachers from the zone of consideration for the post of Supervisor, Integrated Child Development Services. In the absence of any such challenge, on the terms of the Rules, the petitioner cannot seek or be granted promotion as Supervisor, Integrated Child Development Services. I therefore decline the petitioner's prayer for a direction to the respondents to promote him to the said post. As regards claim of the petitioner for proforma promotion earlier than 3.1.2004, in the absence of any material , I am not inclined to adjudicate upon the said claim. However, it will be open to the petitioner to file a proper representation before the Director of Social Welfare Services setting out his claims in that regard. In the result, the original petition fails and it is dismissed, reserving liberty with the petitioner to file a representation before the 2nd respondent seeking proforma promotion earlier than the one granted as per Ext.P4. P.N. RAVINDRAN, JUDGE. cl OP.NO.35087/2002 . 5 P.N. RAVINDRAN, J. O.P.NO.35087 OF 2002-B JUDGMENT 11th February, 2008.