IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1441 of 2008()
1. M.P.ABDUL RASHEED, ASSISTANT DISTRICT
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF INDUSTRIES AND
3. M.SALIM, ASST.DISTRICT INDUSTRIES
4. K.N.KRISHNAKUMAR,
5. A.N.SREEDHARAN,
6. K.S.PRADEEPKUMAR,
7. R.RAMESH CHANDRAN,
8. T.ABDUL VAHAB,
9. N.MOHANAN,
10. S.SURESH KUMAR,
11. P.S.SURESH KUMAR,
12. SIMON ZACHARIA,
13. D.RAJENDRAN, TECHNICAL OFFICER,
14. SMT.HELEN JEROME, TECHNICAL OFFICER,
15. E.SALAHUDEEN, TECHNICAL OFFICER,
16. G.RAJ MOHAN, TECHNICAL OFFICER,
17. K.S.ANIL KUMAR, TECHNICAL OFFICER,
18. C.SANJAYAN, TECHNICAL OFFICER,
19. N.RAJU, ASSISTANT REGISTRAR,
20. R.RAMACHANDRAN PILLAI,
21. N.MANILAL,
22. ABDUL RAHIMAN PITCHA,
23. P.RADHAKRISHNAN, ASST.REGISTRAR,
24. K.T.ABDUL MAJEED,
For Petitioner :SRI.KRB.KAIMAL (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :07/10/2008
O R D E R
H.L. DATTU, C.J. & A.K. BASHEER, J.
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W.A. No. 1441 of 2008
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Dated this the 7th day of October, 2008
Judgment
H.L. Dattu, C. J:
Petitioner No.8 in W.P.No.31047 of 2007 is the appellant in this writ
appeal. He calls in question the correctness or otherwise of the orders passed by
the learned single Judge in W.P(C).No.31047/2007 dated 23/5/2008.
2. Petitioners in the writ petition had called in question Ext.P16 order
passed by the State Government in G.O (Ms)No.88/07/ID dated 6/7/2007 and the
consequential circular issued dated 12/9/2007.
3. Ext.P16 order was questioned by the petitioners primarily on the ground
that the said order is contrary to the statutory rules relating to Kerala State
Industries Service Rules. Secondly, even assuming the Government has the power
to merge the post of Technical Supervisor with that of Assistant District Industries
Officer, it can only be done only by an amendment of the statutory rules and not by
an executive order.
4. This Court, while entertaining the writ appeal, had granted an interim
order of stay, staying the orders passed by the learned single Judge.
5. During the pendency of this writ appeal, the State has promulgated
Special Rules for Kerala Industries Service by issuing notification No. G.O (P)
143/2008/ID dated 17th September 2008. The Special Rules are given
retrospective effect, with effect from 1.3.1997.
WA.1441/2008 2
6. The rules provide for merger of posts and method and manner of
promotions requires to be carried out in Kerala Industries Service etc.
7. In view of the promulgation of the Special Rules for Kerala Industries
Service, it may not be necessary for us to go into the merits or demerits of the
grounds urged by the appellant in the memorandum of appeal. In our view, in
view of the promulgation of the Special Rules for Kerala Industries Service which
has been brought into force with effect from 1.3.1997, the writ appeal filed by
the appellant has in fact become infructuous. Accordingly while disposing of the
appeal as having become unnecessary/infructuous, we reserve liberty to the
appellant, if he so desires, to question the vires of the Special Rules in the Kerala
Industries Service issued under notification dated 17th September 2008, by filing
an appropriate petition before an appropriate forum.
Ordered accordingly.
H.L. DATTU
Chief Justice
A.K. BASHEER
Judge
an/dk.