IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 33827 of 2008(B) -------------------------- PETITIONER(S): PETITIONER ------------------------- RAJU J.JOSEPH, ASSISTANT ENGINEER, P.W.D. NATIONAL HIGHWAY (ROADS) SECTION, ADIMALI, IDUKKI DIST. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D. NATIONAL HIGHWAY AND ADMINISTRATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 33827 of 2008 ----------------------------- Dated this 2Oth day of November, 2008 JUDGMENT Heard Dr.K.P.Satheesan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner entered service as Assistant Engineer in the Public Works Department on 28-4-1989. By then, the Government had decided to bifurcate the Public Works Department into two departments namely (1) Public Works (Roads & Buildings) Department and (2) Irrigation Department. Options were called for from all employees. The petitioner did not exercise option within the stipulated time. The Public Works Department took the stand that the petitioner should go over to the Irrigation department. That dispute was the subject matter of O.P.No.11381 of 1991. By Ext.P1 judgment delivered on 10-6-2002 this Court held that the petitioner should be retained in the Public Works (Roads & Buildings) Department. Ext.P1 judgment has become final. 3. The present grievance voiced by the petitioner is that before Ext.P1 judgment settling the dispute was rendered, 20 of his juniors in the Public Works (Roads & Buildings) Department were promoted to the category of Assistant Executive Engineer. The petitioner submits that in view of Ext.P1 judgment which declares his right to wpc:33827 of 2008 2 continue the Public Works (Roads & Buildings) Department, he is entitled to be promoted as Assistant Executive Engineer, at least with effect from the date on which his juniors were promoted. Claiming that relief, the petitioner has filed Ext.P4 representation before the Secretary to Government, Public Works Department. In this writ petition the petitioner prays inter alia for a direction to the Government to consider Ext.P4 representation and take a decision thereon within a time limit to be fixed by this Court. 4. Ext.P1 judgment declaring the right of the petitioner to continue in the Public Works (Roads & Buildings) department has become final. Fore more than a decade, the dispute was lying unresolved in this Court. The issue was given a quietus by Ext.P1 judgment. In the meanwhile many of the petitioner's juniors in the Public Works (Roads & Buildings) Department were promoted to the higher post of Assistant Executive Engineer. In view of Ext.P1 judgment, the claim made by the petitioner in Ext.P4, deserves to be considered by the Government. 5. Such being the situation, I dispose of the writ petition with a direction to the Secretary to Government, Public Works (Roads & Buildings) Department to consider Ext.P4 representation and take a decision thereon within three months from the date of receipt of a copy of this judgment. Needless to say the petitioner shall be afforded an opportunity of being heard before orders are passed on wpc:33827 of 2008 3 Ext.P4. It is clarified that, if the claim of the petitioner is accepted, he will be entitled to all consequential service benefits including seniority. P.N.RAVINDRAN, JUDGE