IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29841 of 2008(C)
1. SURESH KUMAR R, ARCHITECTURAL HEAD
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE CHIEF ARCHITECT, PUBLIC WORKS
For Petitioner :SRI.G.SASIDHARAN CHEMPAZHANTHIYIL
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :13/11/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.29841 of 2008
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Dated this the 13th November, 2008.
J U D G M E N T
Heard Sri.Vishnu S. Chempazhanthiyil, the learned
counsel appearing for the petitioner and Sri.P.Nandakumar, the
learned Government Pleader appearing for the respondents.
2. The petitioner is presently working as
Architectural Head Draftsman in the office of the second
respondent. He has a Degree in Architecture. He entered
service on 8.10.2003 as Architectural Head Draftsman, on advice
by the Kerala Public Service Commission. As per the Special
Rules for Kerala Architectural Service, the next promotion post is
that of Architectural Assistant. However, that post was abolished
even before the petitioner entered service. The next promotion
post is that of Assistant Architect. In view of the abolition of the
post of Architectural Assistant, a stalemate arose. The
Government thereupon issued the clarification evidenced by
Ext.P2 to the effect that till the Special Rules are suitably
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amended, temporary promotions can be made to the post of
Assistant Architects, either under Rule 9(a)(i) or under Rule 31(a)
(i) of Part II of K.S. & S.S.R, in accordance with seniority and
that Architectural Head Draftsman can be temporarily promoted
as Assistant Architect. The petitioner submits that his seniors
have moved the Government and obtained orders enabling them
to be temporarily promoted as Assistant Architects. Claiming
similar relief, the petitioner has submitted Ext.P4 representation
before the Secretary to Government, Public Works Department.
In this Writ Petition, the petitioner inter alia prays that the
respondents may be directed to consider Ext.P4 representation
and pass orders there on, in the light of the earlier orders passed
by the Government, and the directions issued by this Court in
Exts.P5 and P6 to P8 judgments which were implemented by
Exts.P9 and P10 Government orders.
In the light of the fact that persons similarly situate
have been given temporary promotion as Assistant Architect
under Rule 31(a)(i) of Part II of the K.S. & S.S.R and having
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regard to the fact that the post of Architectural Assistant stands
abolished since 1977, the claim made by the petitioner merits
consideration at the hands of the Government. Such being the
situation, I dispose of the Writ Petition with a direction to the
Secretary to Government, Public Works Department, to consider
the request made by the petitioner in Ext.P4 and pass orders
thereon, in the light of Exts.P9 and P10 Government orders and
having regard to the fact that persons similarly situate as the
petitioners were given promotion as Assistant Architects. This
shall be done within three months from the date of receipt of a
certified copy of this judgment.
P.N.RAVINDRAN,
JUDGE
nj.