IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 1181 of 2009(N) ------------------------- PETITIONER(S): --------------- 1. DINESH P. PEON, OFFICE OF THE DEPUTY COMMISSION (INTELLIGENCE), DEPARTMENT OF COMMERCIAL TAXES, JAWHAR NAGAR, KOZHIKODE. 2. VIJAYAKUMAR K.M., PEON , OFICE OF THE INSPECTING ASSISTANT, COMMISSIONER, MANJERI. 3. C.DASAN PEON, OFFICE OF THE DEPUTY COMMISSIONER (AUDIT ASSESSMENT), DEPARTMENT OF COMMERCIAL TAXES, ERANHIPALAM, KOZHIKODE. 4. VINODAN A.M. PEON, OFFICE OF THE KERALA AGRICULTURE, TAX& SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOZHIKODE. 5. K.T. SIVADASAN, PEON, OFFICE OF THE COMMERCIAL TAX OFFICER, NILAMBUR, MALAPPURAM DIST. 6. K. DINESAN, PEON, OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE), COMMERCIAL TAXES, DEPARTMENT KOZHIKODE. 7. K.T.K. RAGHAVAN, PEON, OFFICE OF THE COMMERCIAL TAX OFFICER, V.CIRCLE COMMERCIAL TAXES, DEPARTMENT SALES TAX COMPLEX, KOZHIKODE. 8. VIJAYAN P.P. PEON, OFFICE OF THE KERALA AGRICULTURAL INCOME TAX AND SALES TAX APPELLATE TRIBUNAL, ADD. BENCH, KOZHIKODE. 9. VINESH THALAKKAL, PEON, OFFICE OF THE DEPUTY COMMISSIONER, (INTELLIGENCE) DEPARTMENT OF COMMERCIAL TAXES, SALES TAX COMPLEX, KOZHIKODE. 10. DHANEESHKUMAR C, PEON, OFFICE OF THE DEPUTY COMMISSIONER, (INTELLIGENCE) DEPARTMENT OF COMMECIAL TAXES, THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ WP(C).No. 1181 of 2009(N) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTAPURAM. 2. THE COMMISSIOENR OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1181/2009-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of January, 2009 J U D G M E N T The petitioners are working as Last Grade Servants under the second respondent. According to them they are having the qualification for promotion to further cadres in the department but they have not been provided with any further promotional avenues. It is submitted that in certain other departments like Department of Revenue, Local Self Government etc., The Government have already made provision by way of executive orders prescribing quota for Last Grade Servants for promotion to the post of LD Clerks. Exts.P3, P4 and P5 are relied upon to sustain the said contention. 2. Seeking for adequate directions in the matter from the first respondent, the petitioners have filed Ext.P12 series representations, wherein they have sought for appropriate directions to earmark sufficient posts of L.D Clerks for enabling them to get promotion. 3. The petitioners have got a contention that by Ext.P9 the second W.P.(C) No.1181/2009 -:2:- respondent has recommended that Attenders working in the department could be accommodated in the posts of L.D.Clerks by upgradation. It is pointed out that if the said upgradation is made before a decision is taken on their representation, that may adversely affect them. 4. In the light of the said contention, there will be a direction to the first respondent to take a decision on Ext.P12 series in accordance with law within a period of six weeks from the date of receipt of a copy of the judgment. The petitioner will produce a copy of the writ petition along with the copy of the judgment for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms