IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 4666 of 2011(G) -------------------------------------- PETITIONER(S): ----------------------- KORAH K.VARGHESE, SCIENTIFIC ASSISTANT, DISTRICT SOIL TESTING LABORATORY, VYTTILA, ERNAKULAM. BY ADV. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 001. 4. KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, THRISSUR DISTRICT, REPRESENTED BY ITS REGISTRAR, 680 651. R1 & R2 BY GOVT. PLEADER MR.SANDESH RAJA. R3 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC. R4 BY ADV. MR.K.P. MUJEEB, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.4666 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2011 J U D G M E N T The petitioner is working as Scientific Assistant in the Department of Agriculture of the Government of Kerala. In view of the special rules as it stands now the petitioner is not being considered for promotion to the post of Agricultural Officer or as Scientific Assistant. He is also not being considered for promotion to the post of Assistant Soil Chemist. The petitioner earlier approached this court and obtained Ext.P14 judgment in W.P. (C) No.29739/2010 for consideration of Ext.P12 representation filed by the petitioner in this regard. Subsequent to the same, a meeting was convened for discussing the proposed amendments. The petitioner's grievance is that the petitioner has not been afforded an opportunity of being heard along with the others. The petitioner therefore seeks the following reliefs: “i) to issue a writ of Certiorari or other writ or order or W.P.(C)No.4666 of 2011 -2- direction calling for the records leading upto Ext.P11 and quash Ext.P11; ii) to declare that the petitioner is entitled to the benefits available in Exts.P7, P9 and P10, which if implemented, he will become eligible for promotion to the post of Assistant Soil Chemist; iii) to issue a writ of mandamus or other writ or order or direction directing the 1st respondent to consider Ext.P7, P9 and P10 while amending Ext.P11 and also to direct the 1st respondent to consider Ext.P12 and P18 representations while bringing about changes to Ext.P11 Government Order and before issuing any promotions to the carder of Assistant Soil Chemist;” Ext.P6 is the minutes of the discussion of the representatives of the Government with the concerned employees unions. From the same, I see that 19 representatives of the unions have been allowed to participate in the discussions. Admittedly the petitioner was also invited for the meeting and he also participated in the meeting. The petitioner's grievance is that the petitioner has not been allowed to raise his grievances in the meeting. I have heard the learned Government Pleader also. In Ext.P14 judgment I did not direct the respondents to hear the petitioner. I only directed to consider the representation W.P.(C)No.4666 of 2011 -3- filed by the petitioner. The petitioner is not an office bearer of any employees' organization. If individual employees are directed to be heard in the matter, the proceedings would never end. I have already directed the respondents to consider Ext.P12 representation filed by the petitioner. The petitioner cannot hope for anything better. As such there is no merit in the writ petition and accordingly the same is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/