IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 26716 of 2002(E) ----------------------- PETITIONER: ------------ C.K. SIVADAS, AGED 54 YEARS, S/O. KRISHNAN, EXCISE INSPECTOR, ERATTUPETTAH. BY ADV. SRI.P.V.MOHANAN SRI.B.HARISH KUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE AND TAX DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE DEPARTMENT, TRIVANDRUM. 3. THE CONVENOR TO DPC (LOWER) AND EXCISE COMMISSIONER, EXCISE DEPARTMENT, PUBLIC OFFICE, TRIVANDRUM. 4. K.T. HENRY, CIRCLE INSPECTOR OF EXCISE VAIKOM, KOTTAYAM DISTRICT, KOTTAYAM DIVISION. BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.26716/2002 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE JUDGMENT IN O.P.488/1980 DT. 14.1.1983 PASSED BY THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P2 : TRUE COPY OF THE PROCEEDINGS DT. 30.6.1997 BY BOARD OF REVENUE (EXCISE), TRIVANDRUM TO THE PETITIONER VIDE NO.XD.8097/97. EXT.P3 : TRUE COPY OF THE PROCEEDING NO.10521/F1/97/TD. DT. 24.7.1997 BY TAXES (F) DEPT., THIRUVANANTHAPURAM. EXT.P4 : TRUE COPY OF THE SELECT LIST PUBLISHED ON 10.12.1998. EXT.P5 : TRUE COPY OF THE SELECT LIST PUBLISHED ON 18.7.2001. EXT.P6 TRUE COPY OF THE ORDER NO.XE1-34942/2001 DT. 21.01.2002 BY THE SECOND RESPONDENT. EXT.P7 TRUE COPY OF THE ORDER NO.XE1-34942 DT. 9.8.2002 BY THE SECOND RESPONDENT. EXT.P8 TRUE COPY OF THE ORDER NO.XE-1-34942/2001 DT. 28.8.2002 BY THE SECOND RESPONDENT. EXT.P9 TRUE COPY OF THE ORDER NO.XD. 3-4525/2002 DT. 20.6.2002 BY THE JOINT EXCISE COMMISSIONER. EXT.P10 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER TO THE JOINT EXCISE COMMISSIONER DT. 4.8.1998. EXT.P11 TRUE COPY OF THE REPRESENTATION DT. 4.9.2002 BY THE PETITIONER TO THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS : EXT.R1 TRUE COPY OF SENIORITY LIST OF EXCISE INSPECTORS FROM 10.10.95 TO 1.1.96. EXT.R2 TRUE COPY OF ORDER NO.DX3-4525/2002 DT. 5.10.2002. EXT.R3 TRUE COPY OF GO(MS) 31/03/TD DT. 26.2.2003. EXT.R4 TRUE COPY OF LETTER NO.XD-1-18161/97 DT. 15.7.2002. KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.26716 of 2002 ---------------------------------------------- Dated 22nd February, 2008. J U D G M E N T Petitioner approached this court with certain grievances regarding his promotion as Circle Inspector (Excise Department). It is seen that during the pendency of the writ petition, the seniority list was revised on 5.10.2002, based on which he was eligible to be promoted as Circle Inspector from 1999-2000, it is submitted. But unfortunately by the time the Departmental Promotion Committee met on 7.2.2003, the petitioner had already retired on 31.1.2003. Hence it is submitted that the petitioner may be directed to be promoted retrospectively since he has been denied his eligible promotion for no fault on his part. In view of the facts and circumstances as stated above, it is for the Government to take a decision, in case the petitioner moves the Government. In the event of the petitioner thus approaching the Government within two months from today, the grievance of the petitioner will be duly considered and appropriate orders in accordance with law with notice to the OP NO. 26716/02 2 petitioner will be passed by the Government within another three months. Consequential benefits, if any, arising from the order passed by the Government shall also be disbursed within another two months. The writ petition is disposed of as above. C.M.Appln.No.2912/06 : Allowed. C.M.P.No.45416/02 & 45558/02 : Dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.26716 of 2002 ---------------------------------------------- J U D G M E N T Dated 22nd February, 2008.