IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11673 of 2008(M) -------------------------- PETITIONER: ------------ 1. ALEX JOY.G, KAKKAVILA, 'SHALEM', PAZHAYA UCHAKKADA, THIRUVANANTHAPURAM. 2. ALTHAF T.T., PUTHENVEETIL HOUSE VENNALA P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT PRINTING (GOVERNMENT PRESSES) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PRINTING DIRECTORATE OF PRINTING, CENTRAL PRESS THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY PATTOM PALACE P.O., THIRUVANANTHAPURAM. BY SC,KPSC SRI.ALEXANDER THOMAS GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 11673 of 2008 -------------------------- Dated this the 7th April, 2008 J U D G M E N T The petitioners who are Diploma Holders in Printing Technology contend that they are qualified to be considered for appointment to the post of General Foreman included in Category No.1 in Branch No.1 of Kerala Government Press Subordinate Service Rules. The qualification and method of appointment prescribed for said appointment is as follows: General Foreman: 1. By promotion from among- xx xx (b) (I) Pass in K.G.T.E. or M.G.T.E (Higher) in any one and (Lower) in the rest of the following subjects- Composing, Machine Work and Book Binding: 1. By Promotion from among - For promotion xx xx 2. In the absence of qualified 1. Pass in S.S.L.C. persons for promotion, by or equivalent direct recruitment. Qualification and 2. diploma in Printing Technology of a recognised Institution. W.P ( C) No. 11673 of 2008 2 2. It is contended that there are 11 Government Presses in the State coming under the Printing Department. The cadre strength of General Foreman is 13 and there are only 6 persons who are currently occupying the post of General Foreman. All of them were promoted to the said post . There are 7 posts which are lying vacant, according to the petitioners. 3. Petitioners make reference to an earlier attempt to get relaxation of the qualification prescribed for the post to enable persons who are not qualified in terms of Special Rules to be appointed as General Foreman by promotion. Apparently, Government turned down the proposal, as evidenced by Exhibit P2 making it clear that no relaxation can be granted in this behalf. 4. Reference is made to Exhibit P4 communication sent by the Director of Printing to the Government pointing out the existence of vacancies in the post of General Foreman and the necessity to fill up the said post which is one of importance, according to the Director of Printing. Apparently, nothing has taken place thereafter and hence the writ petition. W.P ( C) No. 11673 of 2008 3 5. I heard learned counsel for the petitioners Sri.P.C.Sasidharan and learned Government Pleader. 6. It is open to the Government to decide that the existing vacancies in any department need not be filled up. But in the light of Exhibit P4 requisition made by the Director, decision if any, not to fill up the vacancies, will have to be supported by reasons. There cannot be silence on the part of the Government in this regard merely because there are no adequate qualified persons in the Department to be promoted to the post. In the result, the writ petition is disposed of directing the 1st respondent to take a decision as to whether existing vacancies in the post of General Foreman in the Printing Department is to be filled up. A reasoned order will have to be passed in this regard, within a period of one month from the date of receipt of a copy of this judgment. In the circumstances, a copy of the order shall be communicated to one among the petitioners in the event of the Government deciding not to fill up the vacancies. If the decision is to fill up the vacancies, then steps may be taken to proceed with the direct recruitment W.P ( C) No. 11673 of 2008 4 forming part of the method of appointment provided there are no adequate qualified hands in the department with reference to the date of the order to be passed by the Government. In such circumstances, expeditious steps may be taken to proceed with the process of selection, without any delay. (V.GIRI, JUDGE) ma W.P ( C) No. 11673 of 2008 5 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No. 11673 of 2008 6 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.