IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WA.No. 2054 of 2009() Against the interim order dated 25.8.2009 in W.P.(C) No. 16864 of 2009) --------------------- APPELLANT(S): PETITIONER ------------------------ A.JABARLI, ADDITIONAL DISTRICT OFFICER (T.R.S.), DISTRICT OFFICE, ECONOMICS AND STATISTICS, PALAKKAD, RESIDING AT 9/967, JEEVAS MANZIL, MARUTHARODE P.O., PALAKKAD-678 007. BY ADVS. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PLANNING AND ECONOMIC AFFAIRS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ECONOMICS AND STATISTICS THIRUVANANTHAPURAM. 3. S.VIJAYAN, STATISTICAL OFFICER, STATE T.B. TRAINING & DEMONSTRATION CENTRE, RED CROSS ROAD, THIRUVANANTHAPURAM. BY SENIOR GOVT. PLEADER SRI. BENNY GERVASIS -R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2054 OF 2009 --------------------------------------------- Dated this the 17th day of September, 2009 JUDGMENT Kurian Joseph, J. The apprehension of the appellant is that by operation of the interim order dated 25.8.2009, the petitioner who is a graduate will not get promotion to the post of District Statistical Officer. It is submitted that though the appellant is promoted to the post of Additional District Officer, which is a feeder category, only on 30.1.2009, since he is on the verge of retirement, he is entitled to approach the Government for relaxation in the matter of completion of probation. Therefore, if all the vacancies are in the meanwhile filled up, that would adversely affect the interest of the appellant and, therefore, it is prayed that the interim order may be suitably modified to the effect that only in the absence of graduates, non graduates can be promoted. 2. We are afraid, we may not be justified in granting such a clarification in an appeal filed against an interim order. The submissions W.A. NO. 2054/2009 2 of the learned counsel for the appellant do have a bearing on the final outcome of the Writ Petition. Therefore, it is for the appellant to approach the learned Single Judge for appropriate modification for safeguarding his interest. Without prejudice to such liberty, the Writ Appeal is disposed of. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2054/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2054/2009 JUDGMENT 17th September, 2009