IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33921 of 2011(M) -------------------------------------- PETITIONER: ------------------ ROSE MARIE FERNANDEZ, SENIOR SUPERINTENDENT, GENERAL EDUCATION DEPARTMENT, (NOW WORKING AS JUNIOR ACCOUNTS OFFICER, DISTRICT PROJECT OFFICE, SARVA SIKSHA ABHIYAN, KOZHIKODE DISTRICT ON DEPUTATION) BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THE DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. BY SENIOR GOVERNMENT PLEADER, SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF ORDER NO.SY2/68213/06/DP1 DATED 15/11/2006 BY THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P2 : TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.3592 OF 2011 DATED 25.04.2011 BY THE HON'BLE SUPREME COURT OF INDIA. EXT.P3 : TRUE COPIES OF THE ORDER NO.C5/31200/11 DP1 DATED 23/08/2011 BY THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P4 : TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 27.09.2011. RESPONDENTS EXHIBITS:NIL /TRUE COPY/ P.A.TO JUDGE ln T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.33921 of 2011-M -------------------------------------------------- DATED THIS THE 19th DAY OF DECEMBER, 2011 JUDGMENT The petitioner is a Senior Superintendent working under the General Education Department. He is now working as Junior Accounts Officer in the Project Office of the Sarva Siksha Abhiyan, Kozhikode District. The grievance raised by the petitioner is denial of promotion in the cadre of U.D.Clerk with retrospective effect, even though many of his juniors have been granted similar benefits. 2. Various details have been pointed out in the Writ Petition as well as in the representation Exhibit P4. The learned counsel for the petitioner points out that in the judgment in W.P. (C).No. 31562/11 dated 25.11.2011, this Court has already directed the Government to consider similar representations within a period of two months from the date of receipt of a copy of the judgment. 3. In that view of the matter, there will be a direction to the Government to take a decision on Exhibit P4 representation, W.P.(C)No.33921/11 -2- after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn