IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28424 of 2009(W)
1. R.SUDHA, INDUSTRIAL SUPERVISOR,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. DIRECTORATE OF SCHEDULED TRIBE
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :09/10/2009
O R D E R
V.GIRI,J.
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W.P ( C) No.28424 of 2009
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Dated this the 9th October,2009
J U D G M E N T
Petitioner is working as Industrial Supervisor in
I.T.D.P. She had joined as Instructor on advice by the
Public Service Commission. Thereafter, she was promoted
to the post of Supervisor and still further to the post of
Industrial Supervisor with effect from 19.7.1993. The
writ petitioner refers to the services of another Industrial
Supervisor one Sri.J.Valsan and according to the
petitioner there were only two posts of Industrial
Supervisors going by Ext.P2. 25 Training Centres come
under these two Industrial Supervisors and one of the
Industrial Supervisors will be in charge of the southern
zone consisting of Districts from Thiruvananthapuram to
Ernakulam. and the other in charge of the North zone
from Thrissur to Kasargod. Going by Ext.P2, the post
held by Sri.J.Valsan was upgraded to that of a Training
Officer. He has retired on 31.3.2009.
2. Petitioner contends that she came to know of
Ext.P2 order only in August 2009. It is not clear whether
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Sri.Valsan was qualified for the post of Training officer.
But nevertheless Ext.P2 shows that his post was upgraded.
Petitioner contends that she is the senior-most Industrial
Supervisor. Pursuant to the retirement of Sri.J.Valsan, she
was the only person working as Industrial Supervisor.
3. Learned Government Pleader submits that since
the petitioner is not qualified in terms of the Special Rules
she cannot be considered for the post of Training Officer.
4. The basis on which Ext.P2 was issued upgrading
the post is not clear. Learned counsel for the petitioner
submits that the post of Training Officer is not
comprehended by the Special Rules for the service and it is
therefore that by Ext.P2 Executive Order the post of
Industrial Supervisor was merely upgraded.
5. Learned Government Pleader submits that
Ext.P4 Gradation List shows that incumbent of the post
which was upgraded as per Ext.P2 nevertheless had an I.T.I
Certificate
6. Ext.P2, as stated above, does not show the basis
as such for upgrading the post. The fact that it had been
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upgraded is not disputed. Petitioner has been continuing in
the post of Industrial Supervisor since 1993. If the post of
Training Officer, which is one that came into existence as
per Ext.P2 is not comprehended by the Special Rules but
nevertheless it is sought to be filled up, then petitioner’s
claim, as contained in Ext.P3 shall be considered before
the Government takes a decision in that regard.
7. Accordingly Ext.P3 shall be considered and a
decision taken thereon by the 1st respondent, before the
Government takes a decision in the matter of appointment
to the post of Training Officer, that came into existence on
the retirement of Sri. J.Valsan on 31.3.2009. The 1st
respondent shall see that the post is filled up, only in
accordance with law.
A copy of the writ petition shall be produced before
the 1st respondent by the petitioner and it is open to him
to file a supplementary representation also.
Writ petition is disposed of as above.
(V.GIRI,JUDGE)
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