IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 35688 of 2008(W) ----------------------------------------- PETITIONER(S): ----------------------- V.MOIDUTTY TRAINING SUPERINTENDENT, I.T.C (S.C.D.D) MALAPPURAM DISTRICT. BY ADVS. MR.V.SADASIVAN MR.S.SANJITH SMT.SHALEENA RAJAN SMT.SREEDEVI KYLASANATH SMT.V.J.SAFEENA RESPONDENT(S): -------------------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT SCHEDULE CASTE DEVELOPMENT DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR DIRECTORATE OF SCHEDULE CASTE DEVELOPMENT THIRUVANANTHAPURAM. 3. S.THAMPI TRAINING SUPERINTENDENT, I.T.C (S.C.D.D.) OACHIRA,KOLLAM. ADV. MR.P.J.MATHEW FOR R3 MR.K.B.ARUNKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35688/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.ESTT. A3.14134/01 DT. 10.8.01 OF THE 2ND RESPONDENT. P2(a):- COPY OF THE ORDER NO.A1-6410/99 DT. 3.2.03 OF THE FINAL SENIORITY LIST OF TRAINING INSTRUCTORS AND THE SENIORITY LIST ATTACHED TO IT. P3:- COPY OF THE ORDER NO.A3-13729/02 DT. 28.7.05 OF THE 2ND RESPONDENT. P4:- COPY OF THE GO.(MS) NO.38/89/SC.ST.DD DT. 18.9.89. P5:- COPY OF THE ORDER NO.A3-11701/07 DT. 25.6.07 OF THE 2ND RESPONDENT. P6:- COPY OF THE COVERING LETTER NO.281/06 DT. 26.5.06. P7:- COPY OF THE FORWARDING LETTER NO.201/08 DT. 14.10.08 TO THE 2ND RESPONDENT. P7(a):- COPY OF THE REPRESENTATION DT. 13.01.08. P8:- COPY OF THE APPLICATION DT. 7.10.08 SUBMITTED BY THE PETITIONER BEFORE THE STATE PUBLIC INFORMATION OFFICER OF THE OFFICE OF THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT, 2005. P8(a):- COPY OF THE REPLY DT. 3.11.08. P8(b):- COPY OF THE APPEAL PETITION DT. 24.11.08. P9:- COPY OF THE REPRESENTATION DT. 24.11.08 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P10:- COPY OF THE INTERIM ORDER DT. 3.12.08 OF THE HONOURABLE HIGH COURT OF KERALA. P11:- COPY OF THE REPLY DT. 1.1.09 AGAINST P8(b) APPEAL UNDER RIGHT TO INFORMATION ACT. P12:- COPY OF THE REPRESENTATION DT. 31.12.08 FILED BY PETITIONER BEFORE IST AND 2ND RESPONDENT. P13:- COPY OF THE LETTER TO SERVICE ORGANISATIONS FOR DISCUSSION TOGETHER WITH ITS ENCLOSURE, THE DRAFT RULES. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35688/2008-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March, 2009 J U D G M E N T The petitioner was initially appointed as Training Instructor in the Scheduled Caste Development Department on 25/10/1997. He was later regularised in service after getting the benefit of the Government Order on regularisation of physically handicapped persons appointed through Employment Exchange. The order is dated 10/08/2001 (Ext.P1). Exts.P2 and P2(a) are the final seniority list of Training Instructors in the Department. Thereafter, he was promoted as Training Superintendent as per Ext.P3 order. The petitioner is seeking promotion to the post of Training Officer with effect from 06/08/2006 the date on which the petitioner became fully qualified to the post of Training Officer as per the qualifications prescribed for the said post in Ext.P4 and the date with effect from which his probation was declared. Apprehending that another person is proposed to be promoted as Training Officer, he has filed Ext.P9 representation before the Government. Since no orders are passed on Ext.P9, this writ petition is filed. 2. The third respondent was impleaded originally as a party in this writ petition since it appeared that the third respondent was being promoted. It is now reported that the third respondent has already been relieved from W.P.(C) No.35688/2008 -:2:- the department. In Ext.P11 the petitioner has been informed that his name stands recommended for promotion. He has filed a fresh representation as Ext.P12 also. 3. In the light of the fact that Exts.P9 and P12 are still pending before the Government, there will be a direction to the first respondent to consider and pass orders on Exts.P9 and P12 within a period of four months from the date of receipt of the copy of this judgment and also in the light of Ext.P11 recommendation of the second respondent and the interim order passed in this writ petition and after hearing the petitioner. The petitioner will produce a copy of the writ petition along with the copy of this judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms