IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11160 of 2009(L)
1. C.S.RAMAKRISHNAN, DRAFTSMAN MECHANICAL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. CONVENOR, DEPARTMENTAL PROMOTION
3. SENIOR JOINT DIRECTOR
For Petitioner :SRI.P.M.PAREETH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.11160/2009-L
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Dated this the 2nd day of June, 2009
J U D G M E N T
The petitioner herein is working as Draftsman Mechanical (Gr-I) in
the Technical High School, Palakkad. The main prayer in the writ petition
is for a direction commanding the third respondent to appoint the petitioner
to the post of Lecturer or equated categories on the basis of Ext.P1 Special
Rules and Exts.P2 and P3 Government Orders forthwith.
2. The particulars regarding the petitioner show that he entered
service as Workshop Attender on 16/06/1983, and he was promoted as
Workshop Instructor on 23/01/1989. He is having First Class Diploma in
Mechanical Engineering and was entitled to be promoted as Lecturer or
equated posts as per the unamended Special Rules which was issued as per
G.O.(MS).No.284 dated 02/09/1967. Even though an amendment was
introduced, the rights of persons like the petitioner who entered service
prior to 23/09/1984 are protected by clause 5 of the Kerala Technical
Education Service (Amendment) Rules, 1989 (Ext.P1). The petitioner has
already filed Ext.P8 representation in the matter requesting for redressal of
his grievances. It is pointed out therein that many of his juniors have been
W.P.(C). No.11160/2009
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promoted to the post of Lecturer only because they acquired B-Tech
qualification. The learned counsel for the petitioner submitted that no
orders have been passed on Ext.P8 even though it was forwarded through
proper channel.
3. In the light of the contentions raised by the petitioner in Ext.P8
and in this writ petition, there will be a direction to the first respondent to
consider and pass orders on Ext.P8 after hearing the petitioner within a
period of two months from the date of receipt of the copy of this judgment.
The petitioner will forward a copy of the writ petition along with a copy of
the judgment to the first respondent for compliance.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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