IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 9129 of 2011(M) -------------------------------------- PETITIONER(S): ------------------------- A.RADHAKRISHNAN, S/O.AANDI, POOKOTTHARA, VITHANASSERY, NEMMARA.P.O., PALAKKAD-678 508. BY ADV. SRI.H.BADARUDDIN SMT.B.SHAMEERA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF SOCIAL WELFARE DEPARTMENT, 5TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM.PIN- 695 001 2. CHILD DEVELOPMENT PROJECT OFFICER, NEMMARA ICDS PROJECT, PALAKKAD.PIN- 678 508 R1 & R2 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.9129 of 2011-(M) - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2011 J U D G M E N T The petitioner is an Upper Division(UD) Clerk in ICDS Project Nemmara, Palakkad. He was promoted to that post by Ext.P1 order as per which, he was supposed to pass departmental eligibility test within three years for the continuance in said post, failing which he was stated to be liable to be demoted. According to the petitioner, the petitioner is entitled to continue in the promoted post, without passing the test, by virtue of Rule 13A(3)(iii) of KS & SSR insofar as the petitioner belongs to a Scheduled Caste and has attained the age of 45 years. Seeking this relief, the petitioner has filed Ext.P3 representation before the Director of Social Welfare Department of Government of Kerala. Petitioner seeks a direction to the Director to dispose of Ext.P3 expeditiously. 2. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the Director of Social Welfare Department, Vikas Bhavan, Thiruvananthapuram, to consider and pass W.P.(C) No.9129 of 2011-(M) -2- appropriate orders on Ext.P3, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. Till orders are passed on Ext.P3, the petitioner shall not be demoted. Sd/- S. SIRI JAGAN JUDGE //TRUE COPY// P.A. TO JUDGE krj