IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26054 of 2005(B)
1. RAJEEV.P.B.,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. PRINCIPAL SECRETARY TO GOVT. OF KERALA,
For Petitioner :SRI.ALEXANDER THOMAS
For Respondent :SRI.KRB.KAIMAL
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :23/08/2007
O R D E R
ANTONY DOMINIC,J.
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W.P ( C) Nos. 26054, 29062 &
27639 of 2005
--------------------------
Dated this the 9th day of August, 2007
J U D G M E N T
The prayer in these writ petitions is to declare that the
respondents are bound to make promotions of Last Grade
Servants (Peons) to the post of Typist Gr.II pursuant to Exhibit
P5 on the basis of the qualifications as laid down in the Kerala
Secretariat Subordinate Service Special Rules. The petitioners
are last grade Servants aspiring for promotion to the post of
Typists Gr.II. Government Order dated 8.12.2004 Computer
Word processing has been prescribed as an essential
qualification for the posts of Typist in Public Service
appointments. It is the complaint of the petitioners that before
they could acquire the additional qualification as laid down in
Exhibit -P2, recruitment process was initiated by notification
dated 12.7.2005 It is in the aforesaid background that writ
petitions have been filed. At the stage of admission this Court
interim orders were passed to consider the case of the
petitioners. But thereafter, the order was modified directing
W.P ( C) No. 26054 of 2005 & conn. cases
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that vacancies shall not be filled up except with the permission
of this court. The aforesaid interim order was thereafter
modified by order dated 23.2.2006. Against the interim order
though an appeal was filed that was dismissed and the dismissal
was confirmed by the Apex Court by dismissing S.L.P. No. 6950
of 2006 dated 28.4.2006.
2. When the cases came up for orders before this court,
counsel for the petitioner sought for a direction to the 2nd
respondent to consider the representations filed by them.
3. I have heard the counsel on both sides. The request
of the petitioner is not opposed by the learned Government
Pleader also. In the aforesaid situation, I dispose of this writ
petition directing the 2nd respondent to consider and pass orders
on the representations filed by the petitioners as expeditiously
as possible, at any rate, within two months from the date of
receipt of a copy of this judgment. As already noted, by virtue
of the interim order, this court had prevented the filling up of
the vacancies notified and the said order will continue until
orders are passed as above. Before orders are passed all parties
W.P ( C) No. 26054 of 2005 & conn. cases
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shall be given notice and an opportunity of hearing. I make it
clear that I have not considered the merits of the contentions
raised by the petitioner and these contentions are left open.
(ANTONY DOMINIC, JUDGE)
ma
W.P ( C) No. 26054 of 2005 & conn. cases
4
K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
25th May, 2007