IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 24103 of 2011(K) ---------------------------------- PETITIONER(S): -------------------- 1. K.P. SHANAVAS, CARETAKER, GOVERNMENT OBSERVATION HOME AND SPECIAL CHILDRENS HOME, KANNUR, THALASSERY-670104, RESIDING AT RAHMA, KAYYATH ROAD, THALASSERY-670101 2. O.K.MOHAMMED ASHARAF, CARETAKER, GOVERNMENT OBSERVATION HOME AND SPECIAL CHILDRENS HOME, KANNUR, THALASSERY-670104, RESIDING AT ONGIRAKKUMKANDI HOUSE, VELLALASERY P.O., CALICUT-673601. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, SOCIAL WELFARE (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF SOCIAL WELFARE, SOCIAL WELFARE DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM-645001. BY BY GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 24103/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF APPOINTMENT DATED 13/06/2003 IN RESPECT OF THE PETITIONERS ISSUED BY THE SECOND RESPONDENT P2: COPY OF THE RELEVANT PORTION OF THE G.O.(P) NO.85/11 DATED 2602/2011 TOGETHER WITH ANNEXURE-III. P3: COPY OF THE RELEVANT PORTION OF THE SPECIAL RULES FOR THE KERALA SOCIAL WELFARE SUBORDINATE SERVICE, 2010 ISSUED AS PER G.O.(P)NO/54/2010/SWD DATED 10/08/2010. P4: COPY OF THE REPRESENTATION DATED 11/07/2011 TOGETHER WITH STATEMENT OF FIXATION OF PAY IN RESPECT OF THE FIRST PETITIONER. P4(a):COPY OF THE REPRESENTATION DATED 11/07/2011 TOGETHER WITH STATEMENT OF FIXATION OF PAY IN RESPECT OF THE FIRST PETITIONER. P5: COPY OF THE LETTER DATED 25/08/2011 ISSUED BY THE CHAIRPERSON, CHILD WELFARE COMMITTEE, KANNUR AND ADDRESSED TO SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.24103 of 2011-K. = = = = = = = = = = = = = Dated this the 5th September, 2011. J U D G M E N T The petitioners are presently working as Caretakers in Government Observation Home and Special Childrens Home, Kannur. They entered in service as Caretakers in the Social Welfare Department respectively on 30.6.2003 and 2.7.2003. Their grievance is with respect to the non- sanctioning of the first time bound higher grade despite the completion of 8 years of service in the said post. The first petitioner was on leave without allowances from 19.12.2008 to 23.12.2008 and he had completed 8 years of service on 3.7.2011 and the second petitioner completed the said span of service on 1.7.2011. According to them, the first time bound higher grade should have been granted to them on 3.7.2011 and 1.7.2011 respectively. Aggrieved by the non- sanctioning of the first higher grade, the petitioners submitted Exts.P4 and P4(a) representations before the 2nd WP(C).No.24103/2011-K. 2 respondent. 2. I have heard the learned counsel appearing for the petitioners and the learned Government Pleader for the respondents. Taking into account the fact that Exts.P4 and P4(a) are still pending before the second respondent, without making any observation as to the merits of the contentions raised in this writ petition as also in the said representations, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Exts.P4 and P4(a) expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Subject to the outcome of such consideration steps to disburse the benefits shall also be taken. C.T.RAVIKUMAR, (Judge) Kvs/-