IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 21192 of 2008(W) -------------------------- PETITIONER: ------------ K.S. ANILKUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, VAIKOM, KOTTAYAM. BY ADV. SRI.VAKKOM N.VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, TAXES (EXCISE) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, TRIVANDRUM. 3. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 4. THE KERALA PUBLIC SERVICE COMMISION, REP. BY THE UNDER SECRETARY-3, GOVERNMENT WING (RECRUITMENT), PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21192/2008 -------------------- Dated this the 15th day of July, 2008 JUDGMENT Petitioner, who is working as Excise Guard, aspires for promotion to the post of Excise Preventive Officer. Special rules relating to the promotion to the post of Excise Preventive Officer have been amended and the entire vacancies of Excise Preventive Officers will now be filled up by promotion, petitioner contends. Petitioner submits that nevertheless in spite of the amendment of Special Rules, steps are being taken to continue with the selection process by direct recruitment, on the premise that direct recruitment is the method of appointment which is still permissible in relation to the vacancies existing prior to the date of enforcement of the amended special rules. He has brought this to the notice of the Government vide Ext.P5. 2. I heard learned counsel for the petitioner and learned Government Pleader. In my view, the aspects W.P.(C).21192/2008 2 highlighted in Ext.P5 may be considered by the Government. 3. In the result, writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P5, within a period of three months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of the writ petition along with the copy of the judgment. V.GIRI, Judge mrcs