IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 22302 of 2009(G) -------------------------- PETITIONER: ------------------ RAVEENDRAN NAIR, FIRST GRADE SURVEYOR, OFFICE OF THE SUPERINTENDENT OF RE-SURVEY, NEDUMKANDAM. BY ADV. SMT. I.SHEELA DEVI RESPONDENTS: --------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MRS. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 22302 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 17th day of September 2009. JUDGMENT I heard learned Counsel for the petitioner and learned Government Pleader. 2. Petitioner, a First Grade Surveyor was subjected to disciplinary proceedings and a major punishment of reduction of his rank number was imposed on him as per Ext.P4. He preferred an appeal before the first respondent. It is contended that a decision has been taken by the Government to allow the appeal, but the opinion of the Public Service Commission has been sought for. That has not been obtained so far and hence the order has not been communicated to the petitioner. 3. I take note of the fact that this Court had in W.P.(C). No.27045/2008 directed the Government to pass orders on the appeal within 3 months from 29.09.2008. The time was extended thereafter and it is seen that even the Government has sought for extension only by 3 months from April 2009. The present writ petition has been filed only after the expiry of the said time. There is no justification for further delay in passing orders on petitioner's appeal against Ext.P4 order. W.P.(C). No. 22302 OF 2009 2 4. The Government shall see that the opinion of the Public Service Commission, if sought for is obtained, for the purpose of disposal of the petitioner's appeal, within 3 weeks from the date of receipt of a copy of this judgment. Petitioner shall independently produce a copy of the judgment before the Public Service Commission. If the Public Service Commission does not respond to the request made by the petitioner within the aforementioned time frame, the Government shall proceed as if the Public Service Commission has granted its concurrence for the proposal made by the Government, in the matter of disposal of the petitioner's appeal. In such circumstances, an order on Ext.P5 appeal shall be passed and communicated to the petitioner within 10 days from the date of expiry of the time frame fixed herein for the Public Service Commission to give its response. Thereupon the order shall be forthwith communicated to the petitioner and he shall be given the consequential benefits depending upon the decision in the Appeal. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/