IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 28424 of 2009(W) -------------------------- PETITIONER: --------------- R.SUDHA, INDUSTRIAL SUPERVISOR, I.T.D.P.NILAMBUR, NILAMBUR, MALAPPURAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHEDULED TRIBE DEVELOPMENT, THIRUVANANTHAPURAM. 2. DIRECTORATE OF SCHEDULED TRIBE DEVELOPMENT, THIRUVANANTHAPURAM. BY SPL. GOVT. PLEADER SRI. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.28424 of 2009 -------------------------- Dated this the 9th October,2009 J U D G M E N T Petitioner is working as Industrial Supervisor in I.T.D.P. She had joined as Instructor on advice by the Public Service Commission. Thereafter, she was promoted to the post of Supervisor and still further to the post of Industrial Supervisor with effect from 19.7.1993. The writ petitioner refers to the services of another Industrial Supervisor one Sri.J.Valsan and according to the petitioner there were only two posts of Industrial Supervisors going by Ext.P2. 25 Training Centres come under these two Industrial Supervisors and one of the Industrial Supervisors will be in charge of the southern zone consisting of Districts from Thiruvananthapuram to Ernakulam. and the other in charge of the North zone from Thrissur to Kasargod. Going by Ext.P2, the post held by Sri.J.Valsan was upgraded to that of a Training Officer. He has retired on 31.3.2009. 2. Petitioner contends that she came to know of Ext.P2 order only in August 2009. It is not clear whether W.P ( C) No.28424 of 2009 2 Sri.Valsan was qualified for the post of Training officer. But nevertheless Ext.P2 shows that his post was upgraded. Petitioner contends that she is the senior-most Industrial Supervisor. Pursuant to the retirement of Sri.J.Valsan, she was the only person working as Industrial Supervisor. 3. Learned Government Pleader submits that since the petitioner is not qualified in terms of the Special Rules she cannot be considered for the post of Training Officer. 4. The basis on which Ext.P2 was issued upgrading the post is not clear. Learned counsel for the petitioner submits that the post of Training Officer is not comprehended by the Special Rules for the service and it is therefore that by Ext.P2 Executive Order the post of Industrial Supervisor was merely upgraded. 5. Learned Government Pleader submits that Ext.P4 Gradation List shows that incumbent of the post which was upgraded as per Ext.P2 nevertheless had an I.T.I Certificate 6. Ext.P2, as stated above, does not show the basis as such for upgrading the post. The fact that it had been W.P ( C) No.28424 of 2009 3 upgraded is not disputed. Petitioner has been continuing in the post of Industrial Supervisor since 1993. If the post of Training Officer, which is one that came into existence as per Ext.P2 is not comprehended by the Special Rules but nevertheless it is sought to be filled up, then petitioner's claim, as contained in Ext.P3 shall be considered before the Government takes a decision in that regard. 7. Accordingly Ext.P3 shall be considered and a decision taken thereon by the 1st respondent, before the Government takes a decision in the matter of appointment to the post of Training Officer, that came into existence on the retirement of Sri. J.Valsan on 31.3.2009. The 1st respondent shall see that the post is filled up, only in accordance with law. A copy of the writ petition shall be produced before the 1st respondent by the petitioner and it is open to him to file a supplementary representation also. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.28424 of 2009 4 W.P ( C) No.28424 of 2009 5