IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 11160 of 2009(L) -------------------------- PETITIONER(S): --------------- C.S.RAMAKRISHNAN, DRAFTSMAN MECHANICAL (GRADE-I), TECHNICAL HIGH SCHOOL, PALAKKAD. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE, (LOWER), DEPARTMENT OF TECHNICAL EDUCATION AND DIRECTOR OF TECHNICAL EDUCATION, FORT. P.O., THIRUVANANTHAPURAM. 3. SENIOR JOINT DIRECTOR (POLYTECHNICS STREAM), OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, FORT. P.O., THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11160/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of June, 2009 J U D G M E N T The petitioner herein is working as Draftsman Mechanical (Gr-I) in the Technical High School, Palakkad. The main prayer in the writ petition is for a direction commanding the third respondent to appoint the petitioner to the post of Lecturer or equated categories on the basis of Ext.P1 Special Rules and Exts.P2 and P3 Government Orders forthwith. 2. The particulars regarding the petitioner show that he entered service as Workshop Attender on 16/06/1983, and he was promoted as Workshop Instructor on 23/01/1989. He is having First Class Diploma in Mechanical Engineering and was entitled to be promoted as Lecturer or equated posts as per the unamended Special Rules which was issued as per G.O.(MS).No.284 dated 02/09/1967. Even though an amendment was introduced, the rights of persons like the petitioner who entered service prior to 23/09/1984 are protected by clause 5 of the Kerala Technical Education Service (Amendment) Rules, 1989 (Ext.P1). The petitioner has already filed Ext.P8 representation in the matter requesting for redressal of his grievances. It is pointed out therein that many of his juniors have been W.P.(C). No.11160/2009 -:2:- promoted to the post of Lecturer only because they acquired B-Tech qualification. The learned counsel for the petitioner submitted that no orders have been passed on Ext.P8 even though it was forwarded through proper channel. 3. In the light of the contentions raised by the petitioner in Ext.P8 and in this writ petition, there will be a direction to the first respondent to consider and pass orders on Ext.P8 after hearing the petitioner within a period of two months from the date of receipt of the copy of this judgment. The petitioner will forward a copy of the writ petition along with a copy of the judgment to the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms