IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10614 of 2009(V) -------------------------- PETITIONER(S): --------------- A.JABARI,ADDITIONAL DISTRICT OFFICER (T.R.S.),DISTRICT OFFICE,ECONOMICS AND STATISTICS, PALAKKAD,RESIDING AT 9/967,JEEVAS MANZIL, MARUTHARODE.PO,PALAKKAD.678007 BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE 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. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 10614 of 2009 --------------------------------------------------- Dated this the 1st day of April, 2009 JUDGMENT The petitioner is working as Additional District Officer under the second respondent. He is due to retire on 30.06.2009. The next promotion is to the post of District Statistical Officer. The complaint raised in the writ petition is that in spite of existence of a number of vacancies no promotion is being granted to him. The second respondent has already recommended the filling up of the posts at least on a provisional basis. Ext.P1 is the communication dated 17.2.2009 sent in this regard by the second respondent to the first respondent. Therein, it is also mentioned that the petitioner is due to retire from service on 30.06.2009. 2. The petitioner submits that going by Ext.P2 also the Government has permitted the promotion on a provisional basis overlooking the ban in exceptional cases where the incumbent is due to retire within a period of six months. Ext.P3 is produced to show that the first respondent has on previous occasions effected provisional promotion in the Department of Economics and statistics. Seeking for a provisional promotion to the cadre of District Statistical Officer, he has filed a representation Ext.P4 before the 1st respondent. wpc/10614 of 2009 2 There will be a direction to the 1st respondent to consider Ext.P4 in the light of Ext.P1 recommendation and in accordance with the Special Rules as in force on today and appropriate orders will be passed within a period of one month from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps