IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 1313 of 2009(F) ------------------------------------ PETITIONER(S): --------------------- P.K.SADANANDAN, S/O.KUNHAPPA NAMBIAR, 'NIRMALYAM', EDAKKULAM.P.O,CHENGOTTUKAVU, KOYILANDY-673 306.(RTD),REVENUE INSPECTOR, KOZHIKODE CORPORATION. BY ADV. MR.KAYALATT KUTTYKRISHNAN SMT.USHAKUMARI RESPONDENT(S): ------------------------ 1. THE SECRETARY,KOZHIKODE CORPORATION, CORPORATION OFFICE,KOZHIKODE-673 032. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM. R2 & R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R1 BY ADV. MR.K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1313/2009-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.B7-5000/94 DATED 11/07/1995 ISSUED BY MUNICIPAL ADMINISTRATION DIRECTOR. EXT.P2: COPY OF THE ORDER NO.B6/2543/2001(2) DATED 16/08/2001 ISSUED BY THE DIRECTOR OF MUNICIPAL ADMINISTRATION. EXT.P3: COPY OF THE ORDER NO.B68341/06 DATED 17/12/2007 ISSUED BY THE DIRECTOR OF MUNICIPAL ADMINISTRATION. EXT.P4: COPY OF THE ORDER NO.E1-500/89(1) DATED 26/12/1989 ISSUED BY THE DISTRICT PANCHYATH OFFICER, CANNORE. EXT.P5: COPY OF THE ORDER OF PROMOTION NO.B6-362/05(5) DATED 25/06/2005 ISSUED BY THE DIRECTOR OF URBAN AFFAIRS. EXT.P6: COPY OF THE ORDER NO.GO(MS)356/72/LA&SWD. DATED 16/12/1972 ISSUED BY GOVERNMENT OF KERALA. EXT.P7: COPY OF THE REPRESENTATION DTD. 23/11/2006 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, KOZHIKODE CORPORATION. EXT.P8: COPY OF THE ORDER NO.G.O.(MS)NO.162/87/LAD DTD.13/7/1987 ISSUED BY GOVERNMENT OF KERALA. EXT.P9: COPY OF THE ORDER NO.G.O.(P)228/2001/FIN. DTD. 2/2/2001 ISSUED BY FINANCE (PENSION B)DEPARTMENT. EXT.P10: COPY OF THE GOVERNMENT ORDER NO.G.O.(P) NO.193/2004/FIN. DTD. 20/04/2004 ISSUED BY THE FINANCE (PENSION B) DEPARTMENT. EXT.P11: COPY OF THE REPRESENTATION DTD. 12/09/2007 SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPAL ADMINISTRATION DIRECTOR. EXT.P12: COPY OF THE REPRESENTATION DTD. 28/12/2006 SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPAL ADMINISTRATION DIRECTOR. EXT.P12(A): COPY OF THE COVERING LETTER NO.C2/35364/02 DTD. 1/1/2007 SUBMITTED BY THE SECRETARY, KOZHIKODE CORPORATION TO THE MUNICIPAL ADMINISTRATION DIRECTOR, THIRUVANANTHAPURAM. EXT.P13: COPY OF THE JUDGMENT DTD. 29/02/2008 IN WPC.NO.7180/2008 OF THE HON'BLE HIGH COURT KERALA, ERNAKULAM. EXT.P14: COPY OF THE LETTER DTD. 10/06/2008 SENT BY K.V.PAVITHRAN, ADVOCATE, KUTHUPARAMBA TO THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. .2/- ..2.... WPC.NO.1313/2009 F EXT.P15: COPY OF THE ORDER NO.E-10857/06 DTD. 28/08/08 ISSUED BY THE MUNICIPAL ADMINISTRATION DIRECTOR. EXT.P16: COPY OF THE LETTER NO.P1-30/07 DTD. 19/08/2008 ISSUED BY THE MUNICIPAL ADMINISTRATION DIRECTOR TO THE SECRETARY, KOZHIKODE. EXT.P17: COPY OF THE ORDER NO.P1-2355/06 DTD. 16/05/06 ISSUED BY THE MUNICIPAL ADMINISTRATION DIRECTOR TO THE COMMISSIONER OF POLICE, KOZHIKODE. EXT.P18: COPY OF THE APPEAL DTD. 12/10/2008 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF G.O.(RT) NO.1906/89/LAD DTD. 22/05/1989. EXT.R1(B): COPY OF THE PROCEEDINGS DTD. 20/08/2001 OF THE THRISSUR CORPORATION SECRETARY. EXT.R1(C): RELEVANT PAGE OF THE PETITIONER'S SERVICE BOOK. EXT.R1(D): COPY OF THE LETTER DTD. 4/05/1991 ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.S.TO JUDGE RS P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 1313 OF 2009 F =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of June, 2009 JUDGMENT The petitioner had initially served as Peon in a Government High School and thereafter as L.D. Clerk in the Panchayat Common service. While he was working as L.D. Clerk in the Panchayat Common service, the Panchayat where he was working was upgraded as a Municipality. He thereupon opted to remain in the Municipal Common Service. In view of the said development, the petitioner claimed that his past service in Government/Panchayat should be reckoned for the purpose of grant of pensionary benefits. He also claimed that his past service should be reckoned for promotion in Municipal Common Service. By Ext.P15 order passed on 28-8-2008 the request made by the petitioner was partially granted by the Director of Urban Affairs. The request for payment of pension taking note of his past service in Government/Panchayat was not considered or granted. Aggrieved thereby, the petitioner has moved the Secretary to Government, Local Self Government Department by submitting Ext.P18 representation. In this writ petition, the petitioner seeks a writ in the W.P.(C) No. 1313/09 2 nature of mandamus commanding the respondents to re-fix his rank and seniority and to disburse his service benefits. He also seeks a writ in the nature of mandamus commanding the Government of Kerala to consider Ext.P18 representation and pass orders thereon within a time limit to be fixed by this Court. 2. On going through the averments in the writ petition and after considering the submissions made at the Bar, I am of the opinion that the petitioner should pursue Ext.P18 representation and seek redressal of the grievance at the hands of the Government instead of seeking the intervention of this Court at this stage. The Director of Urban Affairs does not have the power to consider the claim of the petitioner for payment of pension reckoning his past service also. The Director has considered only the petitioner’s claim for promotion. 3. Such being the situation, I dispose of this writ petition with a direction to the Government to consider the request made by the petitioner in Ext.P18 and pass orders thereon after affording him a reasonable opportunity of being heard. The Government shall while passing orders on the said request consider whether the proviso and the Note to Rule 20 of Part III of the Kerala Service Rules as amended will govern the petitioner. A decision in that regard shall be taken within four months from the date on W.P.(C) No. 1313/09 3 which the petitioner produces a certified copy of this judgment before the Secretary to Government, Local Self Government Department. The Government shall after orders are passed as directed above, communicate a copy thereof to the petitioner expeditiously. P.N.RAVINDRAN, JUDGE. mn.