IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 OP.No. 4645 of 1999(C) ---------------------- PETITIONER: ------------ P.A.SHAMSUDEEN, S/O P.ABDUL AZIZ, AGED 48 YEARS, UNDER SECRETARY, STORES PURCHASE, SECRETARIAT, TRIVANDRUM. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ---------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, (CONVENOR), SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SHRI P.SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.7945/99 IN O.P.No.4645/99 //DISMISSED// 7.2.2008 SD/= P.N.RAVINDRAN, JUDGE. P.N.RAVINDRAN, J. ---------------------------------------- O.P.No.4645 OF 1999-C ------------------------------------- DATED THIS THE 7TH DAY OF FEBRUARY, 2008 J U D G M E N T The petitioner has, in this Original Petition, challenged Exhibit P6 order dated 17.2.1999 reverting him from the post of Under Secretary to Government to the post of Section Officer. The petitioner has also challenged Exhibit P8 circular dated 9.9.1977 issued by the State Government banning temporary promotions under Section 31(a) (i) of the Kerala State and Subordinate Services Rules, 1958 on or after 1.1.1998. The petitioner has also prayed for a direction to the second respondent to consider and pass orders on Exhibits P3, P5 and P7 representations filed by him seeking inclusion of his name in the select lists evidenced by Exhibits P2 and P4 for the post of Under Secretary. 2. It is conceded before me that the petitioner has since retired from service and that he continued in the post of Under Secretary by virtue of the interim orders passed by this Court without being reverted as Section Officer. Since the petitioner has retired from service, he cannot also successfully assail Exhibit P8. As regards the prayer for a direction to the respondents to consider Exhibits P3 P5 and P7 appeals wherein the petitioner had objected to his exclusion O.P.No.4645/99 C 2 from Exhibit P2 and P4 select lists, . I find no reason to direct the respondents to dispose of the appeals at this point of time, having regard to the fact that the petitioner did not seek disposal of the said appeals and instead chose to avail the benefit of the interim order passed by this Court and continued in service till he retired from the post of Under Secretary. For the reasons stated above, I hold that the prayers in this Original Petition have become infructuous. The Original Petition is accordingly dismissed as infructuous. No costs. P.N.RAVINDRAN, JUDGE. dsn O.P.No.4645/99 C 3 P.N.RAVINDRAN,J. ----------------------- O.P.No.4645/99-C J U D G M E N T 07.02.2008