WRIT PETITION

Madhavan slo santhosh aged 45 years residing at

10. Madhav Nivas, Valanjambalam Ekm, He a chief engineer is of grade 2. of state fisheries dept. of
Govt. of Kerala. was first appointed as Asst. Engineer and entered the service on 01/04/2014 and
was temperosity promoted. to the present post on 28/12/2021. As required by selection list for the
govt, the Psc published the appointment for the post of Chief Engineer grade 2 by direct recruitment
in violation of the rules of recruitment and promotion - Mr. Madhavan intends to file a writ petition
challenging the validity of the direct recruitment. Draft a wait petition.

In the Honorable High Court of Kerala 6km.

W.P (C) No: 10500

Special original Jurisdiction

Madhavan

S/o Santhosh

Aged 45 yrs

Madhavan Nivas Petitioner

Valanjambalam

Ernakulam

1 )State of Kerala

Represented by the secretary

Department of Fisheries.

2) The Director Respondent

State Fisheries Department

3) The Secretary

Kerala Public Service Commission

Trivandrum
Petition under A. 226 of constitution of India.

The petitioner above named beg to submit as follows.

a) The petitioner is the chief engineer grade 2, state fisheries dept, Ekm. The address of the
petitions. for the service of all notices and process is that of his counsel Adv Ms. Minu KS
b) The first respondent is the state of Kerala represented by the secretary, dept of fisheries.
The second respondent is the Director, Fisheries. dept. The third respondent the secretary,
KPSC, Trivandrum. The address of the respondents. as shown above .
1) The petitioner entered the state govt. service Asst Engineer under the first
respondent in fisheries dept on 01/04/2019. The petitioner was promoted
temporarily as to the post of chief engineer grade 2 on 28/12/2021 and is
continuously. working as such A true copy of the service certificate of the petitions
dated 28/12/2021 is filed here with and marked as Exhibit P₁.
2) Under the recruitment and promotion rules, the vacancies for the post of chief
engineer gradez are to be filled by promotion. A true copy of the said aules is filed
here with and marked. as Exhibit P₂ .

3 ) The vacanciel for the post of C - E grade 2 , in the state fisheries dept are now being
filled . single by direct recruitment , not even a candidate is given a promotion on mait as
contemplated by the aules . What the first respondent does is direct occassionally
required . the second respondent the to make selation of the candidate from open
market or dirut recruitment . On such occassions , the departmental candidates
temporarily holding the post of C - E grade 2 are reverted to accommodate the direct
recruits . The recruitment and promotion rules . are there by completely ignored .

4)On 27/11/2022 the third respondent published . the selection List for the appointment
of GF grade 2 in the state fisheries dept . A fave copy of the said list is filed here with and
is marked as txhibit P3 . It is submitted that the Exhibit P3 list and the recruitment are
Irregular and violative of the recruitment and promotion rules and hence illegal : a

5)On 28/11/2022 , the petitiones has submitted representation to the first respondent
stating his grievance in implementing the Exhibit P3 list- The petitioner has requested in
his representation to pass an order making the promotion of the petitioner permenant .
The copy of the representation made by the petitiones is produced here with and is
marked as Exhibit P4

6) On 1st January 2023 the petitioners received a reply dated 27/12/2022 from the first
respondent addressing the petitioner's claim. A true copy of the said reply is filed with
and is marked as Exhibit P5

7) The petitioner submits that, the Exhibit P3 Ps implemented the petitions shall be put
to Irrepearable. legal injury and hardship. Being no other remedy. available the
petitioner approaches this court for a temporary relief under A.226 of the constitution
under the following among others. of India grounds.

Grounds for the writ

1) The first respondent, is bound by to abide by the rules in the matter of recruitment
and promotion for the post of C-E grade 2 known. Observers of the rules by the first
respondent is illegal and improper

2) Exhibit P3 selection list is vitiated by illegality as it is in violation of rules of promotion.

3) Under the promotion rule, the petitioner is entitled to be considered for the
promotion. Not giving him such consideration due to him is a violation of his FRS. under
A-16 of the COI

on these and other grounds, that are urged at the time of hearing of this petition it is
prayed that this honorable court may be pleased to call for records in this and;

a) To issue a writ of certiorari or any other appropriate writ orders of directions

b) To issue a writ of mandamus or any other appropriate writ or order, on decisions.

The petitioner submits that, the petitioners have not filed any other writs or petition of
this nature before any court.

Dated this the 15th January 2023

Signature of the petitioner

Signature of the Advocate.