The court disposed of a writ petition concerning the petitioner's claim to a promotion vacancy in the Rural Development Department, directing authorities to consider his application within three months.
Directing the first respondent to consider the petitioner's application and pass orders within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929
WP(C).No. 2451 of 2008(P)
PETITIONER:
K.RAVEENDRAN PILLAI, MECHANIC, EXTENSION TRAINING CENTRE, E.T.C. P.O., KOTTARAKKARA.
BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S.
RESPONDENTS:
BY GOVERNMENT PLEADER SRI. EBJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI, J
W.P.(C).2451/2008
Dated this the 22nd day of January, 2008
JUDGMENT
Petitioner is working as Mechanic in the Extension Training Centre, Kottarakkara, in the Rural Development Department. Apparently, post of Training Officer is not comprehended by the Special Rules. Petitioner submits that the practice was to promote the senior most in the Lower Cadre of Mechanic. Petitioner submits that earlier one Mr.Sasidharan Nair was promoted to the post of Training Officer (Carpentry) by Government Order dated 25.3.1997. He retired from service on 31.5.2006 and the post has been remaining vacant since that date. By Exts.P2 and P3, Principal of the Extension Training Centre has recommended the petitioner's application to the Commissioner and petitioner in turn submitted Ext.P4 before the Commissioner and Ext.P5 representation before the Government. Post is still remaining vacant.
W.P.(C).2451/2008
2
learned Government Pleader Mr. Bejoy Chandran, writ petition is disposed of directing the first respondent to consider Ext.P5 in the light of the recommendations contained in Exts.P2 and P3, taking note of the earlier appointment order stated to have been issued in favour of Mr.Sasidharan Nair and take a decision thereon at the earliest, preferably before the existing vacancy in the post of Training Officer (Carpentry) is decided to be filled up by the Government. It is made clear that at any rate, the Government shall pass orders on Ext.P5 within a period of three months from the date of receipt of a copy of this judgment.
V.GIRI, Judge
mrcs
1 issue framed by the court
Whether the petitioner, a senior-most mechanic, is entitled to be considered for promotion to the Training Officer post given prior practice and existing vacancy.
K.RAVEENDRAN PILLAI
THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF KERALA
THE COMMISSIONER FOR RURAL DEVELOPMENT
THE PRINCIPAL, EXTENSION TRAINING CENTRE
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
